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HENRY v. METROPOLITAN DADE COUNTY

No. 20894.

329 F.2d 780 (1964)

Charles HENRY, Appellant, v. METROPOLITAN DADE COUNTY et al., Appellees.

United States Court of Appeals Fifth Circuit.

April 1, 1964.

Attorney(s) appearing for the Case

Leon L. Stoller, Miami, Fla., Albert B. Koorie, New Orleans, La., Montague Rosenberg, Miami Beach, Fla., for appellant.

Darrey A. Davis, County Atty., William W. Gibbs, Asst. County Atty., Joseph Gassen, Miami, Fla., and Joseph A. Wanick, City Atty., Miami Beach, Fla., for appellee City of Miami Beach.

Before CAMERON and BELL, Circuit Judges, and INGRAHAM, District Judge.

PER CURIAM.

Appellant instituted a suit in the United States District Court, Southern District of Florida, in November 1961, seeking to enjoin the collection of local ad valorem taxes levied against his property upon the ground that the assessment upon which such taxes were based was excessive. The suit was dismissed in compliance with 28 U.S.C. § 1341 (Johnson Act), which provides as follows:

"The district courts shall not enjoin, suspend or restrain...

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