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BRT HOLDINGS, INC., a Delaware Corporation, Appellant, v. FIFTH GENERATION SYSTEMS, INC., a Delaware corporation qualified to do and doing business in the State of Florida, Appellee

Florida District Court of Appeal2011-04-27No. No. 4D09-3738
59 So. 3d 339

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Opinion

majority opinion

PER CURIAM.

BRT Holdings, Inc./plaintiff appeals from a final summary judgment in favor of defendant, Fifth Generation Systems, Inc., involving an asset purchase agreement. It claims that the court erred in interpreting the agreement between the parties as to the liabilities assumed by Fifth Generation. However, we find that the agreement did not provide for the assumption of the liabilities BRT claims were covered. We therefore affirm.

WARNER, POLEN and STEVENSON, JJ., concur.