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McNAIR v. DADE COUNTY

No. 60-236.

127 So.2d 142 (1961)

Edward McNAIR, Appellant, v. DADE COUNTY, Florida, a political subdivision of the State of Florida, and City of Miami, a municipal corporation, and Richard E. Gerstein, State Attorney, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 10, 1961.

Attorney(s) appearing for the Case

R.K. Bell, Miami, for appellant.

Olavi M. Hendrickson, City Atty., Darrey A. Davis, County Atty., Richard Gerstein, State Atty., Miami, for appellees.

PER CURIAM.

Edward McNair brought a bill for declaratory decree in the circuit court. After alleging that he had been arrested by a police officer of the City of Miami, for the violation of a Metropolitan Dade County traffic ordinance, he posed the question to the court of the legality of his arrest. Upon hearing, the chancellor entered a final decree, which in effect dismissed plaintiff's complaint but also set forth conclusions as to the respective rights of the...

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