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PORTER v. KRAFT

No. 1178.

116 So.2d 257 (1959)

Frank PORTER, Joseph C. Schwalke, Walter B. McCarley, Roland H. Lewis and the City of Temple Terrace, a municipal corporation under the laws of the State of Florida, Appellants, v. Stanley A. KRAFT and Daniel C. Meyer, Appellees.

District Court of Appeal of Florida. Second District.

December 9, 1959.

Attorney(s) appearing for the Case

Robert T. Mann and Delbert L. McLaughlin, Tampa, for appellants.

Roland F. Cribbs, Tampa, for appellee, Stanley A. Kraft.

Charles C. Whitaker II, of Whitaker & Whitaker, Tampa, for appellee, Daniel C. Meyer.

SHANNON, Judge.

This is an appeal from a final decree in an action for declaratory decree which sought to determine the rightful councilman of the City of Temple Terrace. In its final decree the court below ruled in part as follows:

"1. That Stanley A. Kraft is the duly constituted and elected city councilman under the Charter of the City of Temple Terrace elected to serve the unexpired term of the office of James A. Rodger, deceased, said term of office...

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