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NAIMISHA CONSTRUCTION, INC. v. TRUUSTEES OF THE CARPENTERS HEALTH AND WELFARE

No. 94-2739.

653 So.2d 492 (1995)

NAIMISHA CONSTRUCTION, INC., Appellant, v. TRUSTEES OF the CARPENTERS HEALTH AND WELFARE, et al., Appellees.

District Court of Appeal of Florida, Third District.

April 19, 1995.

Attorney(s) appearing for the Case

Clyatt & Richardson and Brian Philips, West Palm Beach, for appellant.

Kaplan & Bloom and Kathleen Phillips and Osnat K. Rind, Coral Gables, for appellees.

Before HUBBART, JORGENSON, and COPE, JJ.

PER CURIAM.

Naimisha Construction, Inc., appeals a summary judgment on the issue of liability. For the following reason, we reverse.

In June 1993, representatives of Naimisha and the appellees, union trust funds, signed a "Memorandum of Understanding." The memorandum provided that "[a]ll four local union's trust funds will start legal action to collect past due fringe benefits from J.T. Hay/Rafferty Construction Company and the individual owners of the company...

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