Hardee County v. R. E. Crummer & Co.

BARKER, District Judge.

Order.

This cause came on to be heard on July 7, 1943 on motion of the defendant to dismiss the amended complaint, and the matter was argued by counsel for the respective parties. It appears to the court (1) that the amended complaint falls directly within the scope of the cases as condemned in Taylor v. Williams, 142 Fla. 402, 195 So. 175, Howey & Co. v. Williams, 142 Fla. 415, 195 So. 181, 183; City of Vero Beach v. Rittenoure, 10 Cir., 113 F.2d 269, and Bradford County v. Nuveen, 5 Cir., 133 F.2d 169; (2) that the contract on which this action is based imposes no duty…