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McDONALD v. FRATES

Nos. 60-352, 60-353.

127 So.2d 695 (1961)

J.H. McDONALD, As Chief of Police of the Town of Miami Springs, Florida, Appellant, v. William S. FRATES, Appellee. J.H. McDONALD, As Chief of Police of the Town of Miami Springs, Florida, Appellant, v. William R. COLSON, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 29, 1961.

Attorney(s) appearing for the Case

Anderson & Nadeau, Miami, for appellant.

Carr, Warren & Dressler, Miami, for appellees.

BARNS, PAUL D., Associate Judge.

The appellees, Colson and Frates, were petitioners in the court below and the appellant was respondent. The appellees petitioned for writs of habeas corpus which were granted. Upon the return to each writ, the appellant filed a motion to dismiss and an answer; testimony was taken and the appellees-petitioners were discharged; whereupon this appeal was prosecuted.

It appears that the appellees were arrested on July 14, 1959...

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