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FIDELITY & DEPOSIT CO. OF MD. v. TOM MURPHY CONST.

No. 81-5089.

674 F.2d 880 (1982)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Plaintiff-Appellee, v. TOM MURPHY CONSTRUCTION COMPANY, INC., Thomas P. Murphy, Jr., Cynthia Murphy, Dale D. Stringer and Sandra A. Stringer, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 30, 1982.

Attorney(s) appearing for the Case

Roger A. Bridges, Coral Gables, Fla., Greene & Cooper, Marc Cooper, Miami, Fla., for defendants-appellants.

Kimbrell, Hamann, Hennings, Womack, Carlson & Kriskern, Bruce Charles King, Miami, Fla., for plaintiff-appellee.

Before VANCE, HATCHETT and ANDERSON, Circuit Judges.

HATCHETT, Circuit Judge:

This appeal, in a diversity action, requires application of Fla.Stat. § 725.01 to an indemnification contract which required written notice for termination. Finding genuine issues of fact to be litigated, we reverse and remand.

FACTS

Tom Murphy and Dale Stringer were equal shareholders in Tom Murphy Construction Company, Inc. (Murphy Construction), a Florida corporation primarily...

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