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CITY OF MIAMI BEACH v. SOLOMON

No. 69-108.

228 So.2d 437 (1969)

CITY OF MIAMI BEACH, Florida, a Municipal Corporation, et al., Appellants, v. Eugene SOLOMON, D/B/a Eveready Pest Control Service and Bess B. Gummoe and I.L. McKinney, C/B/a A.A. Exterminators, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied December 19, 1969.

Attorney(s) appearing for the Case

Joseph A. Wanick, City Atty., and Ira Abrams, Asst. City Atty., for appellants.

Norman F. Solomon and Jeffrey Michael Cohen, Miami, for appellees.

Before PEARSON, C.J., and BARKDULL and HENDRY, JJ.

Rehearing Denied December 19, 1969. Opinion Vacated, 247 So.2d 92.

PEARSON, Chief Judge.

The City of Miami Beach appeals from a final judgment which enjoined the city from requiring the payment of an occupational tax by the appellees and all those similarly situated. The complaint filed by the appellees alleged that the ordinance requiring the payment of the occupational tax was unconstitutional as it applied to them. They...

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