CITY OF PLANTATION v. UTILITIES OPERATING CO.

No. 32240.

156 So.2d 842 (1963)

CITY OF PLANTATION, a municipal corporation of Broward County, Florida, Appellant, v. UTILITIES OPERATING CO., Inc., a Florida corporation, Appellee.

Supreme Court of Florida.

Rehearing Denied October 22, 1963.


Attorney(s) appearing for the Case

James J. Linus, Fort Lauderdale, for appellant.

English, McCaughan & O'Bryan, Fort Lauderdale, and J. Lewis Hall of Hall, Hartwell & Hall, Tallahassee, for appellee.


THORNAL, Justice.

By direct appeal we have for review a final decree of a circuit court sustaining the validity of Chapter 367, Florida Statutes, F.S.A., against an assault upon its constitutionality.

We must decide whether Chapter 367 impairs the obligation of a pre-existing franchise agreement between the appellant City and the appellee Utility.

By its complaint the City of Plantation sought declaratory...

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