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CITY OF MIAMI v. McCRORY STORES CORPORATION

No. 12626.

181 F.2d 368 (1950)

CITY OF MIAMI et al. v. McCRORY STORES CORPORATION et al.

United States Court of Appeals Fifth Circuit.

April 14, 1950.

Attorney(s) appearing for the Case

John E. Cicero, Assistant City Attorney, Miami, Fla., J. W. Watson, Jr., City Attorney, Miami, Fla., for appellants.

Stuart W. Patton, Miami, Fla., S. E. Simmons, St. Petersburg, Fla., for appellees.

Before HUTCHESON, Chief Judge, and WALLER and RUSSELL, Circuit Judges.

HUTCHESON, Chief Judge.

The suit, based on diversity and amount, was brought by appellees, as owners of a building fronting on N. Miami Avenue, in the City of Miami, Florida, to enjoin the City of Miami from enforcing against it a set-back emergency ordinance, No. 3598,1 enacted July 26, 1948, after McCrory had filed their application for a building permit with the Building Department of the City...

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