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CITY OF MIAMI v. AEROLAND OIL COMPANY

No. 66-818.

196 So.2d 31 (1967)

CITY OF MIAMI, a Municipal Corporation, Appellant, v. AEROLAND OIL COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 22, 1967.

Attorney(s) appearing for the Case

Richard B. Stone, City Atty., and S.R. Sterbenz, Asst. City Atty., for appellant.

Starr W. Horton, Miami, for appellee.

Before PEARSON, CARROLL and SWANN, JJ.

SWANN, Judge.

The City of Miami has taken this interlocutory appeal from an order in which the chancellor struck its motion to dismiss and gave it ten days in which to file a responsive pleading.

The plaintiff, Aeroland Oil Company, had filed its complaint in equity, seeking to enjoin the City from requiring it to have a wholesale gasoline and oil distributor's license. The City filed its motion to dismiss and the...

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