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BIRWELCO-MONTENAY, INC. v. INFILCO DEGREMONT, INC.

No. 3D00-2598.

827 So.2d 255 (2001)

BIRWELCO-MONTENAY, INC.; Montenay Power Corp., and Miami-Dade County, Appellants, v. INFILCO DEGREMONT, INC., Appellee.

District Court of Appeal of Florida, Third District.

Dissenting Opinion on Denial of Rehearing October 16, 2002.

Attorney(s) appearing for the Case

Holland & Knight and James D. Wing and Belinda H. Bacon and Barbara M. Arco, Miami, for appellants.

Akerman, Senterfitt & Eidson and J. Cameron Story, III (Jacksonville), for appellee.

Before LEVY, GREEN and SHEVIN, JJ.

Dissenting Opinion on Denial of Rehearing En Banc October 16, 2002.

SHEVIN, Judge.

Birwelco-Montenay, Inc., Montenay Power Corp., and Miami-Dade County [collectively "appellants"] appeal a final judgment following an order granting Infilco Degremont, Inc.'s motion for summary judgment. We reverse.

Appellants contracted with Infilco to provide a well water treatment system as part of an expansion and retrofit project at the County's Resource Recovery...

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