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LAZOVITZ, INC. v. SAXON CONST., INC.

No. 89-5403.

911 F.2d 588 (1990)

LAZOVITZ, INC., Plaintiff-Appellant, v. SAXON CONSTRUCTION, INC., Defendant-Third Party Plaintiff-Appellee, v. The KLETT ORGANIZATION, ARCHITECTS, P.A., Third Party Defendant.

United States Court of Appeals, Eleventh Circuit.

September 10, 1990.

Attorney(s) appearing for the Case

Mark F. Biedeau, Kenneth G. Spillias, West Palm Beach, Fla., Steven A. Arbittier, Wolf, Blook, Schorr, Philadelphia, Pa., for plaintiff-appellant.

Shelley H. Leinicke, Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, P.A., Ft. Lauderdale, Fla., Paul Morris, Coral Gables, Fla., for defendant-third party plaintiff-appellee.

Before CLARK and EDMONDSON, Circuit Judges, and RUBIN, Senior Circuit Judge.

CLARK, Circuit Judge:

FACTS

Lazovitz, Inc. (Lazovitz) as general contractor entered into three cost-plus construction contracts covering three different projects: Florida Club Care Center, Florida Club Apartments, and Grammercy Park Nursing Care Center. On paper, each project is owned by a limited partnership registered in Florida that carries the name of the project; however, the people behind all three projects are the same. In this opinion, the term ...

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