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STATE OF FLORIDA v. WESLEY CONSTRUCTION COMPANY

Civ. No. 66-40.

316 F.Supp. 490 (1970)

STATE of FLORIDA, for the Use and Benefit of WESTINGHOUSE ELECTRIC SUPPLY COMPANY, a division of Westinghouse Electric Corporation, a Pennsylvania corporation, and a division of Westinghouse Electric Corporation, a Pennsylvania corporation, Plaintiff, v. WESLEY CONSTRUCTION COMPANY, a Florida corporation, Aetna Casualty and Insurance Company, a Connecticut corporation; and Continental Casualty Company, a foreign corporation, Defendants.

United States District Court, S. D. Florida.

July 15, 1970.

Attorney(s) appearing for the Case

Heiman & Crary, P. A., Miami, Fla., for plaintiff.

Patton, Kanner, Tietig & Segal, Miami, Fla., for defendant, Wesley Construction Co.

Carey, Dwyer, Austin, Cole & Selwood, Miami, Fla., for defendant, Continental Casualty Co.

MEMORANDUM OPINION

FULTON, Chief Judge.

WESLEY CONSTRUCTION COMPANY entered into a contract with FLORIDA POWER AND LIGHT COMPANY whereby WESLEY agreed to construct for FLORIDA POWER AND LIGHT COMPANY an office building in the City of Miami, Florida. WESLEY, as principal and AETNA CASUALTY AND INSURANCE COMPANY, as surety, executed and delivered unto FLORIDA POWER AND LIGHT COMPANY a payment and performance bond...

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