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CITY OF PALM BAY v. GENERAL DEV. UTIL., INC.

No. 960.

201 So.2d 912 (1967)

CITY OF PALM BAY, a Municipal Corporation under the Laws of the State of Florida, Appellant, v. GENERAL DEVELOPMENT UTILITIES, INC., a Florida Corporation, the First National Bank of Miami, a National Banking Association, As Trustee, and J.D. Nash, As Tax Collector, Brevard County, Florida, Appellees.

District Court of Appeal of Florida. Fourth District.

Rehearing Denied September 21, 1967.

Attorney(s) appearing for the Case

John W. Prunty, Miami, for appellant.

David S. Kenin of Myers Kaplan & Porter, Miami, for appellees.

John M. Starling and Robert L. Nabors of Crofton Brewer Holland Starling & Goshorn, Titusville, for amicus curiae.

WALDEN, Chief Judge.

This is an eminent domain proceeding wherein the City of Palm Bay sought to acquire Defendant-General Development Utilities, Inc.'s (hereinafter referred to as defendant) water and sewer system, all of which was located within the city's corporate boundaries. The City of Palm Bay is a governmental unit, a municipal corporation organized under the laws of the State of Florida. The defendant is a private corporation organized for profit.

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