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ROSIEK CONST. v. STATE, DEPT. OF TRANSP.

No. 96-2345.

689 So.2d 1139 (1997)

ROSIEK CONSTRUCTION CO., INC., a Michigan corporation, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 7, 1997.

Attorney(s) appearing for the Case

Susan S. Oosting and R. Thomas Roberts of Brown, Obringer, Shaw, Beardsley & DeCandio, P.A., Jacksonville, for appellant.

Pamela S. Leslie, General Counsel; Marianne A. Trussell, Assistant General Counsel, Department of Transportation, Tallahassee, for appellee.

PER CURIAM.

Appellant, Rosiek Construction Co., Inc. (Rosiek), the plaintiff in the circuit court action, challenges a final summary judgment in favor of the State of Florida, Department of Transportation (department), the defendant in the trial court. Rosiek's breach of contract suit was based upon the department's refusal to pay Rosiek $5.50 per square yard for removal of asphaltic concrete pavement pursuant to a provision in the contract relating to removal of...

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