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CITY OF MIAMI v. WOOLIN

No. 24350.

387 F.2d 893 (1968)

CITY OF MIAMI, Appellant, v. David M. WOOLIN and Annie Woolin, his wife, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 2, 1968.

Attorney(s) appearing for the Case

Edward J. Fitzpatrick, Miami, Fla., for appellant.

Kenneth M. Myers, Eugene C. Heiman, Miami, Fla., for appellees.

Before BROWN, Chief Judge, COLEMAN and SIMPSON, Circuit Judges.

COLEMAN, Circuit Judge:

Appellees brought this suit in the District Court for an injunction against the enforcement of Comprehensive Zoning Ordinance Number 6871 of the City of Miami, alleging that portions of it were constitutionally invalid in their entirety and as applied to property of the appellees.

The Florida State Courts had previously sustained the constitutionality of the Ordinance, City of Miami v. Walker, 169 So.2d 842

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