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CITY OF HOMESTEAD v. DE WITT

No. 59-630.

126 So.2d 582 (1961)

CITY OF HOMESTEAD, a municipal corporation under the laws of the State of Florida; J.B. Henderson, City Manager; T.J. Harris, Mayor; Henry Brooker, Jr., Carl S. Anderson, Joe L. Burton, George Crim, Howard Johnson, Harry Cooper and Stanley Wittkop, Councilmen; and A.E. Campbell, City Clerk, Appellants, v. S.R. DE WITT, Jr., Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 27, 1961.

Attorney(s) appearing for the Case

Milton M. Ferrell, Miami, and O. Ralph Matousek, Homestead, for appellants.

Achor & Achor, Miami, for appellee.

PER CURIAM.

S.R. DeWitt, Jr., a policeman, working for the City of Homestead, in Dade County, Florida, was injured in an automobile accident while on duty. The injury occurred on March 6, 1959. After being absent from work with pay for approximately four months, he was removed from the payroll by the city. Immediately thereafter DeWitt filed a complaint in the circuit court, entitled "Complaint for declaratory decree and mandatory injunction, accounting and other...

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