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CITY OF MIAMI v. CITY OF CORAL GABLES

Nos. 70-936, 70-943.

240 So.2d 499 (1970)

CITY OF MIAMI, a Municipal Corporation of the State of Florida, Appellant, v. CITY OF CORAL GABLES, a Municipal Corporation of the State of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 25, 1970.

Attorney(s) appearing for the Case

Alan H. Rothstein, City Atty., and Jack R. Rice, Jr., and John S. Lloyd, Asst. City Attys., for appellant.

Charles H. Spooner, City Atty., and Carr & Warren, Miami, for appellee.

Before PEARSON, C.J., and BARKDULL and SWANN, JJ.

PER CURIAM.

This is another chapter in the saga of "Old Smokey". Following the decision of this court, reported in City of Miami v. City of Coral Gables, Fla.App. 1970, 233 So.2d 7, the matter proceeded for further hearing before the chancellor to determine if the City of Miami had corrected the "deleterious condition" at its Coconut Grove incinerator, at which time the trial judge refused to permit the evidence or proffer which...

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