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GULF POWER CO. v. COX CABLE CORP.

No. 90-589.

570 So.2d 379 (1990)

GULF POWER COMPANY, a Foreign Company, Appellant, v. COX CABLE CORPORATION, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 18, 1990.

Attorney(s) appearing for the Case

J. Nixon Daniel III of Beggs & Lane, Pensacola, for appellant.

David H. Burns and Mark E. Holcomb of Huey, Guilday, Kuersteiner & Tucker, P.A., Tallahassee, for appellee.

WOLF, Judge.

Gulf Power Company (Gulf) seeks review of the trial court's order granting Cox Cable Corporation's (Cox) motion for summary judgment as to Gulf's third party action. We find merit in Gulf's contentions and reverse.

This litigation arises from a contract entered into by Gulf and Cox on January 1, 1978. The contract was a licensing agreement which allowed Cox to attach cables, wires, and appliances to poles belonging to Gulf. Among other items,...

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