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CONE BROS. CONTR. v. ASHLAND-WARREN

No. 84-579.

458 So.2d 851 (1984)

CONE BROTHERS CONTRACTING COMPANY and Fidelity & Casualty Company of New York, Appellants, v. ASHLAND-WARREN, INC., Appellee.

District Court of Appeal of Florida, Second District.

November 9, 1984.

Attorney(s) appearing for the Case

Charles T. Wells of Wells, Gattis, Hallowes & Carpenter, P.A., Orlando, for appellants.

Peter P. Murnaghan and Michael L. Rosen of Holland & Knight, Tampa, for appellee.

CAMPBELL, Judge.

Appellants, Cone Brothers Contracting Company ("Cone Brothers") and Fidelity & Casualty Company of New York, appeal a final summary judgment against only appellant Cone Brothers awarding appellee $183,638.22 in damages and attorney's fees on a claim for breach of contract. We affirm.

Henceforth, in this opinion, we will use the term appellant to refer only to Cone Brothers.

In July 1977, Macasphalt Corporation entered into a contract...

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