SELLERS v. CULBERTSON

No. 69-106.

224 So.2d 808 (1969)

Ralph J. SELLERS, Jr., Appellant, v. W.W. CULBERTSON, Tax Assessor, and Porter Homer, County Manager, Metropolitan Dade County, Appellees.

District Court of Appeal of Florida. Third District.

July 15, 1969.


Attorney(s) appearing for the Case

Snowden & Willis and Walter E. Mackoul, Miami, for appellant.

Thomas C. Britton, County Atty., and Joseph D. Komansky, Asst. County Atty., for appellees.

Before PEARSON, C.J., HENDRY, J., and LOPEZ, AQUILINO, Jr., Associate Judge.


PER CURIAM.

Ralph J. Sellers, Jr., appeals from a declaratory judgment which ruled that he was barred from asserting a claim for back salary after his reinstatement as an employee of Dade County. He was reinstated after the county conceded the unconstitutionality of Section 2-51, Code of Metropolitan Dade County, because of the holding in Gardner v. Broderick, 392 U.S. 273, 88 S.Ct. 1913, 20 L.Ed.2d 1082 (1968).

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