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YATES v. PALMINTIERO

96 So.2d 148 (1957)

Joe A. YATES, Jr., as Chairman of the Civil Service Board of the City of Miami, a municipality of and in Dade County, Florida, Woody Kepner, as Director of the Department of Publicity of the said municipality, and E.A. Evans, as City Manager of the said municipality, Appellants, v. Michael PALMINTIERO, Appellee.

Supreme Court of Florida, Special Division A.

June 19, 1957.

Attorney(s) appearing for the Case

Olavi M. Hendrickson, John H. Smith and Robert M. Haverfield, Miami, for appellants.

Britton, Hodges & Hyman, Miami, for appellee.

HOBSON, Justice.

Appellee, at the time he was laid off from his job by appellants, had five years of service with the city of Miami and had attained permanent civil service status. Section 295.07, Florida Statutes 1947, F.S.A., provides that "preference shall be given to" certain veterans in retention in position by all municipalities in Florida. Appellee is a veteran within the purview of said statute, and contends that he was not given the preference mandatorily...

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