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SUN OIL COMPANY v. GERSTEIN

No. 67-353.

206 So.2d 439 (1968)

SUN OIL COMPANY, a New Jersey Corporation, and the City of North Miami, a Municipal Corporation, Organized and Existing under the Laws of the State of Florida, Appellants, v. Ernest GERSTEIN and Rose Gerstein, His Wife, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 20, 1968.

Attorney(s) appearing for the Case

Horton & Schwartz, George N. Jahn, Miami, for appellant Sun Oil Co.

Martin Kahn, North Miami, for appellant, City of North Miami, Frank & Strelkow, Miami Beach, for appellees.

Before CHARLES CARROLL, C.J., and HENDRY and SWANN, JJ.

HENDRY, Judge.

Appellants, who were defendants below, seek review of an order of the trial court declaring invalid an ordinance of the City of North Miami, and enjoining the city and co-defendant, Sun Oil Company, from vacating, discontinuing or altering an alleyway.

The order appealed contains an adequate recitation of the material facts:

"3. That the alleyway running through Block `A' from 135th Street to

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