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SCH. BD. OF PINELLAS CTY. v. ST. PAUL FIRE & MARINE INS. CO.

No. 83-573.

449 So.2d 872 (1984)

The SCHOOL BOARD OF PINELLAS COUNTY, Florida, Appellant, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY; Biltmore Construction Company, Inc., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing and Clarification Denied May 16, 1984.

Attorney(s) appearing for the Case

B. Edwin Johnson, Clearwater, for appellant.

Charles W. Pittman of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellees.

SCHEB, Judge.

The School Board of Pinellas County contends that the trial court erred in entering summary final judgment in favor of St. Paul Fire & Marine Insurance Company, as surety on a contractor's performance bond. We agree and reverse.

On May 14, 1975, the School Board entered into a contract with Biltmore Construction Company, Inc., for construction of Pinellas Park Senior High School. On that same date...

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