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IN CIRCUIT COURT, NINBT'EBNTH
JUDICIAL CIRCUIT, IN AND FOR
ST. LUCIB COUNTY, FLORIDA.
' CASE N0: 79-290 CA
DICRBRSON, INCORPORATED,
Plaintiff,
-vs-
ALLIED BUILDBRS, SUPPLIERS,
& ERECTORS, INC.,
Defendant.
ORDER DENYING I~TION TO DISMISS
After due notice by or to all parties affected a hearing
was held on August 28, 1979, a hearing was held before the Court
with respect to the matters disposed of by this Order.
Upon consideration it is
ORDERED AND ADJUDGED that the Motion to Dismiss and Motion
to Strike-filed herein by the Defendant, ALLIED BUILDERS,
SUPPLIERS, & ERECTORS, INC., is hereby denied; the Defendant
shall 'be permitted to raise as an affirmative defense the issue_ _
~ of whether the Plaintiff is entitled by contract to an award of
f 1 a reasonable attorney's fee.
FURTHER ORDERED AND ADJUDGED that the Defendant shall have
i fifteen (15) days from the date of this Order in which to file
f '
an Answer. _
DONE AND ORDERED in Chambers, Fort Pierce, St. Lucie
County, Florida, this~_day of A. D., 1979.
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Copies furnished to : ~g~g $~p -4 ~ 22
Eu ene J . 0' Neill Es uire F ~ ono
Vincent A. Lloyd, Esquire sT o •f~~•
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REC01l0 VEiUf1E0
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