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CITY OF CLEARWATER v. BONSEY

No. 5203.

180 So.2d 200 (1965)

CITY OF CLEARWATER, a Municipal Corporation, Appellant, v. John W. BONSEY, A.L. Anderson, Robert L. Davis, Lloyd B. Hopkins and Robert A. Freeze, as the County Commissioners of Pinellas County, Florida, Appellees.

District Court of Appeal of Florida. Second District.

November 16, 1965.

Attorney(s) appearing for the Case

Herbert M. Brown, Norris S. Gould, Clearwater, and Howard P. Macfarlane, Arthur A. Simpson and Wm. Terrell Hodges, of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellant.

Page S. Jackson and Julian R. Howay, Clearwater, for appellees.

SHANNON, Acting Chief Judge.

This is an appeal by the City of Clearwater from a summary judgment in a declaratory decree action brought by the County Commissioners of Pinellas County. The issue is the validity of a thirty year contract between the County and the City under which the County is to sell water to the City at a specified rate in return for the City's obligation to pay for a fixed daily minimum quantity of water whether actually consumed or not. The lower...

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