BROOKER v. SMITH

No. 496.

101 So.2d 607 (1958)

Tom BROOKER, for himself and on behalf of all other taxpayers in the City of Naples, Florida, similarly situated, Appellant, v. W. Roy SMITH, individually, and as Mayor of the City of Naples, Florida, a municipal corporation, Appellee.

District Court of Appeal of Florida. Second District.

March 26, 1958.


Attorney(s) appearing for the Case

John W. Wright and Daniel Neal Heller, Miami, for appellant.

Sheppard & Woolslair, Ft. Myers, for appellee.


PER CURIAM.

The appellant filed a suit in equity against W. Roy Smith, individually, and as Mayor of the City of Naples, Florida. The complaint alleged that the defendant, as Mayor of the City of Naples had, contrary to the charter of the City of Naples and of the statutes of the State of Florida, sold various petroleum products to the city. The defendant, W. Roy Smith, on the 10th of February, 1958, filed the following motion:

"Comes now the defendant, W...

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