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CITY OF MIAMI BEACH v. AUSTIN BURKE, INC.

No. 64-907.

185 So.2d 720 (1966)

CITY OF MIAMI BEACH, a Municipal Corporation Situated in Dade County, Florida, et al., Appellants, v. AUSTIN BURKE, INC., Appellee.

District Court of Appeal of Florida. Third District.

April 26, 1966.

Attorney(s) appearing for the Case

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

No appearance for appellee.

Sibley, Giblin & Levenson, Miami Beach, amicus curiae.

Before PEARSON, CARROLL and SWANN, JJ.

CARROLL, Judge.

This appeal by the City of Miami Beach, the members of the city council and certain other city officials who were defendants in the court below, is from a declaratory decree which held invalid the provisions of Chapter 7 of the Code of the City of Miami Beach, enacted for the purpose of regulating liquidation and distress goods sales by merchants.

The appellee Austin Burke, Inc. was convicted in the city court of violating the ordinance by...

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