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CITY OF DAYTONA BEACH v. CITY OF PORT ORANGE

No. E-431.

165 So.2d 768 (1964)

The CITY OF DAYTONA BEACH, a municipal corporation of Florida, Appellant, v. The CITY OF PORT ORANGE, a municipal corporation of Florida, Appellee.

District Court of Appeal of Florida. First District.

June 30, 1964.

Attorney(s) appearing for the Case

Charles W. Luther, City Atty., and Melvin Orfinger, Asst. City Atty., for appellant.

E.W. Gautier, City Atty., for appellee.

STURGIS, Chief Judge.

There was a race between the cities of Daytona Beach and Port Orange, in Volusia County, Florida, to annex certain territory. Both went through the formality of adopting ordinances providing for annexation, but when all was said and done neither knew who lawfully won the race. Daytona Beach then asked the circuit court to declare it the winner, and Port Orange by its answer contended it was the winner. The chancellor held in favor of Port Orange...

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