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STATE EX REL. BANKERS LIFE AND CASUALTY CO. v. VILLAGE OF NORTH PALM BEACH

No. 2312.

138 So.2d 378 (1962)

STATE of Florida ex rel. BANKERS LIFE AND CASUALTY COMPANY, an Illinois Corporation Authorized to Do Business in the State of Florida, Appellant, v. VILLAGE OF NORTH PALM BEACH, Florida, a Municipal Corporation Organized and Existing under the Laws of the State of Florida, and Emery J. Newell, Walter E. Thomas, Louis J. Aiello, Jr., Frank J. Hahn and William Young, As and Constituting the Village Council of North Palm Beach, Appellees.

District Court of Appeal of Florida. Second District.

March 7, 1962.

Attorney(s) appearing for the Case

Kirk Sullivan, of Fulton, Sullivan & Burns, West Palm Beach, for appellant.

Burns, Middleton, Rogers & Farrell, Palm Beach, for appellees.

SMITH, Judge.

This action arose by an "information in the nature of Quo Warranto" filed by the Relator (appellant), Bankers Life and Casualty Company, against the Respondent (appellee), Village of North Palm Beach, seeking ouster of Relator's lands from the Municipality. The Court found as follows:

"* * * [T]he Relator has failed to prove the material allegations of the Information herein; that the Respondent municipality...

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