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PACE CONST. CORP. v. OBS CO., INC.

No. 87-2954.

531 So.2d 737 (1988)

PACE CONSTRUCTION CORPORATION, a Foreign Corporation, Transamerica Insurance Company, a California Corporation, and Seaboard Surety Company, a New York Corporation, Appellants, v. OBS COMPANY, INC., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 5, 1988.

Attorney(s) appearing for the Case

J.M. Crowder and John B. Grandoff, III of Allen, Dell, Frank & Trinkle, Tampa; J.D. Humphries, III of Varnes, Stephens, Wingfield, McIntyre & Humphries, Atlanta, for appellants.

David E. Gurley and Donald D. Clark of Abel, Band, Brown, Russell & Collier, Chartered, Sarasota, for appellee.

SCHOONOVER, Judge.

The appellants, Pace Construction Corporation, Transamerica Insurance Company, and Seaboard Surety Company, challenge a final summary judgment in favor of the appellee, OBS Company, Inc. We find that the trial court erroneously interpreted a subcontract between Pace and OBS and, accordingly, reverse.

Pace, a general contractor, entered into a contract with Shumann Investments, Inc. (the owner) for the construction of "Outlet World of Pasco...

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