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BOYER v. CITY OF ORLANDO

No. 39457.

238 So.2d 84 (1970)

William Napoleon BOYER, Appellant, v. CITY OF ORLANDO, Appellee.

Supreme Court of Florida.

July 8, 1970.

Attorney(s) appearing for the Case

James M. Russ and Jerome J. Bornstein of Bornstein & Petree, Orlando, for appellant.

Joseph X. DuMond, Orlando, for appellee.

Alfred Feinberg and Bruce S. Rogow, Miami, for the amicus curiae Economic Opportunity Services Program, Inc.

Thomas A. Goldsmith, Deland, as amicus curiae.

PER CURIAM.

Affirmed on the authority of State ex rel. Argersinger v. Hamlin, Fla., 236 So.2d 442, case no. 39,309, opinion filed June 3, 1970.

ROBERTS, DREW, THORNAL and CARLTON, JJ., concur.

ADKINS, J., dissents with opinion.

ERVIN, C.J., and BOYD, J., dissent and concur with ADKINS, J.

ADKINS, Justice (dissenting):

This Court can no longer afford to indulge the fiction that the presence...

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