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CITY OF MIAMI v. SCHONFELD

No. 60-714.

132 So.2d 767 (1961)

CITY OF MIAMI, a municipal corporation of the State of Florida, Appellant, v. Abe SCHONFELD, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 2, 1961.

Attorney(s) appearing for the Case

Edward J. Fitzpatrick, Acting City Atty., and Jack R. Rice, Jr., Asst. City Atty., Miami, for appellant.

Sibley, Grusmark, Barkdull & King and Vincent C. Giblin, Miami Beach, for appellee.

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

PER CURIAM.

The City of Miami appeals a final decree which enjoins the collection of an occupational license tax from the appellee, Abe Schonfeld. The city sought to collect the license tax because the city contended that Mr. Schonfeld is engaged in the business of operating apartment houses. The decree was entered against the city in a suit brought by Schonfeld.

The city sought to collect the tax under the authority of Section 35-1 of The Code of the City...

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