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JULIAN DiMASE AND GAETANO DiMASE, Appellants, v. AQUAMAR 176, INC., CHICAGO TITLE COMPANY, Appellees.

ON MOTION FOR REHEARING EN BANC

PER CURIAM.

The appellants' motion for rehearing en banc is granted and Judge Ramirez's dissenting opinion is adopted as the opinion of the court. The judgment under review is therefore reversed.

COPE, LEVY, GERSTEN, GODERICH, FLETCHER, SHEVIN, and RAMIREZ, JJ., concur.

SCHWARTZ, C.J., is recused.

GREEN, J. (dissenting)

I would deny the motion for rehearing en banc for the reasons expressed in the initial majority opinion of this case.

JORGENSON, J., concurs.

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DIMASE v. AQUAMAR 176
(Jan 29, 2003)