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NASH v. RICHARD

No. 64-184.

166 So.2d 624 (1964)

Gabrielle NASH et al., Appellants, v. Melvin J. RICHARD, Mayor and Councilman of the City of Miami Beach, Florida, et al., Appellees.

District Court of Appeal of Florida. Third District.

August 4, 1964.

Attorney(s) appearing for the Case

Bernard B. Weksler, Miami, for appellants.

Joseph A. Wanick, City Atty., for appellees.

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

PER CURIAM.

The order quashing the alternative writ of mandamus and dismissing appellants' petition1 is affirmed because it does not appear from the petition that the City Council of the City of Miami Beach failed or refused to perform a clear legal duty prior to the filing of the petition. Howell v. State, 54 Fla. 199, 45 So. 453. The petition alleges:

"7. That the majority of the individual...

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