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AUSTIN-WESTSHORE CONST. v. FEDERATED DEPT. STORES

No. 88-3744.

934 F.2d 1217 (1991)

AUSTIN-WESTSHORE CONSTRUCTION CO., INC., Plaintiff-Counterclaim Defendant-Appellee, Cross-Appellant, v. FEDERATED DEPARTMENT STORES, INC., Defendant-Counterclaim-Plaintiff-Cross-Claim Plaintiff-Third Party Plaintiff-Appellant, Cross-Appellee, Seaboard Security Co., Counterclaim Defendant, Cross-Claim Defendant-Appellee, The Poole and Kent Company, a Maryland corporation, Intervening Claimant-Appellee, Cross-Appellant, The Edison Shopping Center, et al., Third-Party Defendants, George Sanders, Stuart Marcus, and Mary Joe Sanders, Third-Party Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 1, 1991.

Attorney(s) appearing for the Case

Frederick L. Wright, II, Patrick A. Thompson and James E. Stephenson, Atlanta, Ga., for Federated Dept. Stores, Inc.

Joseph H. Varner, Michael A. Fogarty, Tampa, Fla., for Edison Shopping Center et al. and Sanders, et al.

Steven T. Northcutt, Tampa, Fla., for Austin-Westshore.

Richard Fred Lewis, Miami, Fla., for Poole & Kent.

Before KRAVITCH and ANDERSON, Circuit Judges, and ATKINS, Senior District Judge.

ATKINS, Senior District Judge:

This is an appeal from the trial court's June 30, 1988 orders on the various post trial motions filed by the parties. This complex case sounding in negligence and breach of contract involved the construction of a Burdine's department store building in Ft. Myers, Florida during the late 1970's. Because we find error in the trial court's rulings, for the reasons stated below, we reverse in part and affirm in part.

I.

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