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TOWN OF WEST MIAMI v. DURRANCE

No. 57-472.

107 So.2d 797 (1958)

TOWN OF WEST MIAMI, a Municipal Corporation in the State of Florida, and Robert F. Hudson, Willard H. Bender, Irving Yelen, John A. Tripp and James W. Schneider, Appellants, v. Fred C. DURRANCE, Appellee.

District Court of Appeal of Florida. Third District.

Petition for Rehearing Stricken January 21, 1959.

Attorney(s) appearing for the Case

Irving M. Wolff, Miami, for appellants.

Edward D. Cowart, Miami, for appellee.

HORTON, Judge.

The Town of West Miami has taken this appeal from a final decree which found that the town had improperly dismissed the appellee from the police force. The appellee was dismissed by the town council pursuant to the alleged authority contained in municipal ordinance No. 200. The chancellor found the ordinance to be in violation of the town charter. Article II, Section 5, Subsection 1, of the charter provides:

"Section 5. The Mayor shall be the...

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