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:
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