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JOSEPH T. MILLER CONSTRUCTION COMPANY v. BORAK

82 So.2d 147 (1955)

JOSEPH T. MILLER CONSTRUCTION COMPANY, Inc., Appellant, v. Seymour H. BORAK, and Helen Borak, his wife, Appellees.

Supreme Court of Florida. En Banc.

Rehearing Denied September 12, 1955.

Attorney(s) appearing for the Case

Charles J. Bodner, Miami, for appellant.

Turnbull & Pepper, Tallahassee and Dubbin, Blatt & Schiff, Miami, for appellees.

SEBRING and ROBERTS, Justices.

We here consider two motions filed in this appeal by the appellees, defendants below: (1) a motion to strike certain parts of the record on appeal, and (2) a motion to affirm the judgment appealed from, pursuant to Supreme Court Rule 38, 30 F.S.A.

The appeal to which such motions are directed was taken from an order of the lower court dismissing plaintiff's action, at law, for damages for breach of a restrictive covenant in a...

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