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ASTALDI CONST. v. AMERICAN ASPHALT, INC.

No. 95-1396.

672 So.2d 609 (1996)

ASTALDI CONSTRUCTION CORPORATION, Appellant, v. AMERICAN ASPHALT, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

April 26, 1996.

Attorney(s) appearing for the Case

Ira Libanoff and Sharon Franzus Kung, of Leiby, Ferencik, Libanoff and Brandt, P.A., Fort Lauderdale, and Michael V. Elsberry of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, for Appellant.

Keith Graham, of Marchena and Graham, P.A., Orlando, for Appellee.

DAUKSCH, Judge.

This is an appeal from a judgment in a contract dispute between a contractor and a subcontractor and materialman.

Astaldi was the contractor with the Orange County Expressway Authority to build a portion of a roadway. Astaldi subcontracted with American Asphalt to provide material and labor. At the completion of the job Astaldi did not pay American all it was due so American sued to get its due.

Sections 255.071(3)(4) and (5), Florida...

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