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FLORIDA POWER & LIGHT CO. v. MID-VALLEY, INC.

No. 83-5506.

763 F.2d 1316 (1985)

FLORIDA POWER & LIGHT COMPANY, a Florida corporation, Plaintiff-Appellant, v. MID-VALLEY, INC., a Texas corporation, et al., Defendants, Brown & Root, Inc. and Graeme R. Poke, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied August 14, 1985.

Attorney(s) appearing for the Case

George Walker Wright, Jr., Steel Hector & Davis, Gerry S. Gibson, Darrey A. Davis, Miami, Fla., for plaintiff-appellant.

Warwick R. Furr, II, Vienna, Va., for Brown & Root, Mid-Valley & Graeme R. Poke.

Blackwell, Walker, Gray, Powers, Flick & Hoehl, James E. Tribble, Miami, Fla., for Underwriters at Lloyd's.

Fowler, White, Burnett, Hurley, Banick & Strickroot, P.A., Henry Burnett, Miami, Fla., for United Engineers & Continental Cas.

Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern, Roy D. Wasson, Miami, Fla., for William Conn, James Sherard and R. Linsley.

Mershon, Sawyer, Johnston, Dunwody & Cole, Aubrey V. Kendall, Miami, Fla., for Mid-Valley, Brown & Root and Graeme R. Poke.

Before KRAVITCH and HATCHETT, Circuit Judges, and HANCOCK, District Judge.

HANCOCK, District Judge:

This is an appeal from summary judgments in favor of defendants-appellees Brown & Root, Inc. (hereinafter Brown & Root) and one of its engineers, Graeme R. Poke (hereinafter Poke). The underlying action arose out of the October 1979 sudden collapse and failure of an embankment associated with a cooling water reservoir constructed in Martin, Florida. Mid-Valley, Inc. (hereinafter "Mid-Valley"), a wholly-owned subsidiary of Brown &...

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