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CITY OF MIAMI BEACH v. BENHOW REALTY

No. 12288.

168 F.2d 378 (1948)

CITY OF MIAMI BEACH, FLORIDA et al. v. BENHOW REALTY, Inc., et al.

Circuit Court of Appeals, Fifth Circuit.

June 4, 1948.

Attorney(s) appearing for the Case

Vincent C. Giblin, of Miami, Fla., and Ben Shepard, City Atty., and Shepard Broad, both of Miami Beach Fla., for appellants.

Abe Schonfeld, of Miami Beach, Fla., and R. E. Kunkel, of Miami, Fla., for appellees.

Before SIBLEY and LEE, Circuit Judges, and BORAH, District Judge.

LEE, Circuit Judge.

This is an appeal from an order granting a preliminary injunction restraining the City of Miami Beach, until further orders of the court, from enforcing an ordinance against the appellees.

In 1937 the city passed an ordinance, No. 497, which prohibited certain noises (the ones in question being construction noises) within 50 feet of any hotel or apartment building during the period between November 15 and April 1, the winter season of each...

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