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ECODYNE COOLING DIV. v. CITY OF LAKELAND

No. 88-3761.

893 F.2d 297 (1990)

ECODYNE COOLING DIVISION OF ECODYNE CORPORATION, a Delaware corporation, Plaintiff-Counterclaim Defendant-Appellee, v. CITY OF LAKELAND, Defendant-Counterclaim Plaintiff-Appellant, v. ECODYNE COOLING DIVISION; Fairfield Engineering; Federal Insurance Company; St. Paul Fire and Marine Insurance Company; Charles T. Main, Inc.; Blount International Ltd.; United States Fidelity and Guaranty Company; Aetna Casualty and Surety Company; Fireman's Fund Insurance Company; A.O. Smith-Inland, Inc.; and Armco, Inc., Counterclaim Defendants-Appellees. CHARLES T. MAIN, INC., Counterclaim Defendant, Third-Party Plaintiff-Appellee, v. The MUNTERS CORPORATION; Julian Tobey & Associates; John T. Boyd Company; Ingersoll-Rand Company; Atlanta Engineering Company; Envirex, Inc.; Babcock & Wilcox Company; Milton Roy Company; and Electric Machinery Enterprises, Third-Party Defendants.

United States Court of Appeals, Eleventh Circuit.

January 29, 1990.

Attorney(s) appearing for the Case

Michael B. Colgan, Holland & Knight, Steven L. Brannock, Tampa, Fla., and Mark N. Miller, City Atty., Lakeland, Fla., for appellant.

Denise G. Morris, Fisher, Rushmer, Werrenrath, Keiner, Wack & Dickson, Orlando, Fla., for appellees.

William W. Shields, III, Lawson, McWhirter, Grandoff & Reeves, C. Thomas Davidson, J. Bert Grandoff, and John R. Lawson, Jr., Tampa, Fla., for Blount, Inc.

Jeffrey D. Keiner, Fisher, Rushmer, Werrenrath, Keiner, Wack & Dickson, Orlando, Fla., for Charles T. Main, Inc.

Douglas S. Gregory, Bush, Ross, Gardner, Warren & Rudy, P.A., Tampa, Fla., for Munters Corp.

James J. Evangelista, Fowler, White, Gillen, Boggs, Villareal & Banker, Tampa, Fla., for A.O. Smith-Inland.

Before TJOFLAT, Chief Judge, and HATCHETT, Circuit Judge, and HILL, Senior Circuit Judge.

PER CURIAM:

CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT TO THE SUPREME COURT OF FLORIDA PURSUANT TO ARTICLE 5, SECTION 3(b)(6) OF THE FLORIDA CONSTITUTION

TO THE SUPREME COURT OF FLORIDA AND ITS HONORABLE JUSTICES:

This case, a contract action for consequential damages, arises from a dispute over the design and construction of a coal-fired power plant, known as McIntosh III, for appellant, the City of Lakeland, Florida...

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