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CITY OF MIAMI BEACH v. BRACA

No. 63-173.

151 So.2d 669 (1963)

CITY OF MIAMI BEACH, Florida, a municipality created and existing under the laws of the State of Florida, Kenneth Oka, as Mayor, and Malvin Englander, Marcie Lieberman, Bernard Frank, Melvin Richard, D. Lee Powell and Wolfie Cohen, as Councilmen, constituting the City Council of the City of Miami Beach, Florida, and R. Wm. L. Johnson, City Clerk of the City of Miami Beach, Florida, Appellants, v. Morris BRACA, Appellee.

District Court of Appeal of Florida. Third District.

April 5, 1963.

Attorney(s) appearing for the Case

Joseph A. Wanick, City Atty., Irving Cypen Law Offices, Miami Beach and Richard L. Lapidus, Miami, for appellants.

Ben Cohen and Leonard Rivkind, Miami Beach, for appellee.

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

PER CURIAM.

This is an appeal from the entry of a peremptory writ of mandamus ordering the city of Miami Beach to issue to the appellee a license to operate a "linen shop". The writ was issued pursuant to a petition filed by the appellee wherein he alleged, inter alia, that he had, on February 27, 1963, applied to the city clerk for a license to operate a "linen shop" in Miami Beach and had duly complied with the provisions of § 17.15.1, Code of Miami...

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