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McCANN v. CITY OF LAKE WALES

No. 31718.

144 So.2d 505 (1962)

Donald Thomas McCANN, Appellant, v. The CITY OF LAKE WALES, a Municipal Corporation, Appellee.

Supreme Court of Florida.

September 19, 1962.

Attorney(s) appearing for the Case

S. Victor Tipton, Orlando, for appellant.

Clinton A. Curtis of Woolfolk, Myers & Curtis, Lake Wales, for appellee.

Ralph A. Marsicano, Tampa, for Florida League of Municipalities, Israel Steingold, Norfolk, Va., Edward B. Rood, Tampa, and Donald J. Farage, Philadelphia, Pa., for National Association of Claimants Counsel of America, for Amicus Curiae.

THORNAL, Justice.

By direct appeal we are requested to reverse a final judgment by which the trial judge sustained the validity of a local act which required written notice of tort claims against the city as a condition precedent to suit.

In order to dispose of the matter we must pass upon the validity of Chapter 29224, Section 85, Laws of Florida, 1953, which is a local act that requires written notice of tort claims against the City of Lake Wales within...

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