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NOONAN SOUTH, INC. v. VOLUSIA COUNTY

No. 87-3521.

841 F.2d 380 (1988)

NOONAN SOUTH, INC., a/k/a Noonan-Killos, Inc., a Pennsylvania Corporation, Plaintiff-Appellant, v. The COUNTY OF VOLUSIA, a county in Florida, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 28, 1988.

Attorney(s) appearing for the Case

Patricia Hart Malono, Cummings & Lawrence, P.A., Tallahassee, Fla., for plaintiff-appellant.

S. Larue Williams, Kinsey, Vincent & Pyle, Stephen R. Ponder, Daytona Beach, Fla., for defendant-appellee.

Before VANCE and ANDERSON, Circuit Judges, and BROWN, Senior Circuit Judge.

VANCE, Circuit Judge:

Plaintiff Noonan South appeals from the district court's dismissal of its breach of contract claim. The court dismissed Noonan South's claim because of the pendency of a state court action involving the same dispute. We reverse.

In January 1984 Noonan South, a Pennsylvania corporation, entered into a contract with Volusia County, Florida for the construction of the Volusia County Branch Jail. During construction a number of disputes arose...

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