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KELLY v. AMERICAN PRECISION INDUSTRIES, INC.

No. 82-1428.

438 So.2d 29 (1983)

Robert E. KELLY, Appellant, v. AMERICAN PRECISION INDUSTRIES, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 4, 1983.

Attorney(s) appearing for the Case

Herbert H. Hall, Jr., of Maher, Overchuck, Langa, Cate, Lobb & Webb, P.A., Orlando, for appellant.

Mitchell J. Frank of Rogers & Dowling, P.A., Orlando, for appellee.

COBB, Judge.

This appeal challenges the entry of a summary judgment discharging American Precision Industries, Inc. (API), as a defendant below. The basis of the judgment was that API, as a successor corporation, did not assume the liabilities of its predecessor, Truck Equipment Co., Inc. (TEC). Prior to the sale of all of its stock to API in January, 1969, TEC manufactured and delivered an allegedly defective garbage truck. Moving parts of the trash compactor on...

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