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EAGLE FAMILY DISCOUNT STORES, INC. v. BOARD, ETC.

No. 80-1151.

403 So.2d 558 (1981)

EAGLE FAMILY DISCOUNT STORES, INC., f/u/b/o Employers Insurance of Wausau, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, Florida, a Political Subdivision of the State of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 8, 1981.

Attorney(s) appearing for the Case

Dolan, Fertig & Curtis and Luke S. Brown and David W. Boone, Fort Lauderdale, for appellant.

Carey, Dwyer, Cole, Selwood & Bernard and Michael C. Spring, Miami, for appellee.

Before HENDRY, NESBITT and BASKIN, JJ.

NESBITT, Judge.

The present controversy had its genesis in 1976 when a warehouse, leased to Eagle Family Discount Stores (Eagle) by Dade County, was destroyed by fire. Dade County's liability carrier, United States Liability Insurance Company (USLIC), sought to avoid its responsibility under its policy by a declaratory judgment action in the United States District Court, Southern District of Florida alleging that Dade County, as owner, had: (1) not properly maintained...

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