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NORTH BEACH YELLOW CAB CO. v. VILLAGE OF BAL HARBOUR

No. 61-130.

135 So.2d 4 (1961)

NORTH BEACH YELLOW CAB COMPANY, a Florida corporation, Appellant, v. VILLAGE OF BAL HARBOUR, a municipal corporation, Frank C. Hart, Jr., Mayor of the Village of Bal Harbour, and Fred Faulkner, Jr., Dwight Broman, J.F. Beatty and W.H. White, constituting the members of the Council of the Village of Bal Harbour, Appellees, Morse Taxi and Baggage Transfer, Inc., a Florida Corporation, Intervenor.

District Court of Appeal of Florida. Third District.

November 30, 1961.

Attorney(s) appearing for the Case

Walters, Moore & Costanzo, Miami, for appellant.

Anderson & Nadeau, Miami, for appellees.

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, for intervenor.

Before PEARSON, TILLMAN, C.J., and CARROLL and BARKDULL, JJ.

BARKDULL, Judge.

This is an appeal from a final decree dismissing appellant-plaintiff's action for mandatory injunction to require the appellee-defendants to renew 15 taxi cab permits for use within the defendant municipality. The intervenor was permitted to join in the lower court, as it was a holder of validly issued permits of the same municipality. The record reveals that for the fiscal year 1958-1959, the municipality issued 23 taxi

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