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SMITH v. TREADWELL

No. E-92.

161 So.2d 49 (1964)

E.A. SMITH, Appellant, v. Horace E. TREADWELL, the Town of Oak Hill, et al., Appellees.

District Court of Appeal of Florida. First District.

Rehearing Denied March 10, 1964.

Attorney(s) appearing for the Case

Crofton, Brewer & Holland, Titusville, for appellant.

Gillespie & Gillespie, New Smyrna Beach, for appellees.

RAWLS, Judge.

Appellees Treadwell and others instituted in chancery a class suit on behalf of the citizens, electors and freeholders of the Town of Oak Hill seeking reactivation of the town government. From a summary final decree in favor of the plaintiffs, appeal was taken by E.A. Smith whom the chancellor had permitted to intervene on behalf of the defendant Town.

The pertinent facts are not in dispute. The Town of Oak Hill was created by the legislature...

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