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SMITH v. BOLTE

No. 5486.

172 So.2d 624 (1965)

Mrs. G.T. SMITH, JR., Chairman, Dr. James T. Cook, Vice Chairman, John Fite Robertson, Secretary, N. Earl Jones and John D. Pennekamp, as and Constituting the Florida Board of Parks and Historic Memorials, a component State Agency of the State of Florida, and Robert L. Heath, Appellants, v. William J. BOLTE et al., Appellees.

District Court of Appeal of Florida. Second District.

March 12, 1965.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., and James T. Carlisle, Asst. Atty. Gen., Tallahassee, for appellants.

Norman C. Roettger, Jr., of Fleming, O'Bryan & Fleming, Ft. Lauderdale, for appellant Robert L. Heath.

Carl A. Hiaasen, of McCune, Hiaasen, Crum & Ferris, Ft. Lauderdale, for appellees.

ANDREWS, Judge.

This is an interlocutory appeal taken by the defendants individually and as members and as constituting the Florida Board of Parks and Historic Memorials, and Robert L. Heath, from an Order denying motions to strike and dismiss the complaint of William J. Bolte, et al.

Plaintiffs allege that the defendant Park Board entered into agreement with the defendant Heath whereby the latter was permitted to construct and operate a miniature sightseeing...

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