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DIFFENDERFER v. CENTRAL BAPTIST CH. OF MIAMI, FLA., INC.

No. 69-746-Civ-JE.

316 F.Supp. 1116 (1970)

Florence DIFFENDERFER and Nishan Paul, Plaintiffs, v. CENTRAL BAPTIST CHURCH OF MIAMI, FLORIDA, INCORPORATED, a nonprofit Florida corporation, Dade County, Florida, a political subdivision of the State of Florida, Porter W. Homer, County Manager, R. K. Overstreet, Tax Collector of Metropolitan Dade County, and Fred O. Dickinson, Jr., as Comptroller of the State of Florida, Defendants.

United States District Court, S. D. Florida.

August 21, 1970.

Attorney(s) appearing for the Case

Hollander & Pestcoe, Miami, Fla., for plaintiffs.

Mershon, Sawyer, Johnston, Dunwody & Cole, Miami, Fla., and Thomas C. Britton, County Atty., for defendants.

Before DYER, Circuit Judge, and MEHRTENS and EATON, District Judges.

DYER, Circuit Judge:

Plaintiffs, who are citizens and taxpayers of Dade County, Florida, seek in this action a declaration that F.S. § 192.06(4), F.S.A. constitutes an establishment of religion and an inhibition on the free exercise of religion in violation of the First Amendment to the United States Constitution insofar as it authorizes tax exemption of property of the Central Baptist Church used as a commercial parking lot.1 They...

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