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EDRIS v. SEBRING UTILITIES COMMISSION

No. 69-509.

237 So.2d 585 (1970)

Elias R. EDRIS and Mildred M. Edris, His Wife, Appellants, v. SEBRING UTILITIES COMMISSION, a Corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 6, 1970.

Attorney(s) appearing for the Case

H. Rex Owen, of Bussey, Simmons & Owen, St. Petersburg, for appellants.

Macbeth & Breed, Sebring, and Wallace L. Storey, Bartow, for appellee.

PIERCE, Judge.

Admittedly, a municipality in operating a utility to supply service to its inhabitants is acting in its proprietary capacity and not in its governmental capacity, and is governed by the same laws and may exercise the same rights as a private corporation under the same circumstances. Hamler v. City of Jacksonville, 1929, 97 Fla. 807, 122 So. 220; City of Lakeland v. Amos, 1932, 106 Fla. 873, 143 So. 744; 11 Fla.Jur., Electricity and Gas, § 17.<...

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