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SCHOLLENBERGER v. CITY OF MIAMI

No. 39501.

241 So.2d 385 (1970)

Jack K. SCHOLLENBERGER, Petitioner, v. CITY OF MIAMI and the Florida Industrial Relations Commission, Respondents.

Supreme Court of Florida.

November 25, 1970.

Attorney(s) appearing for the Case

Richard A. Sicking and Anthony F. Paterna, of Kaplan, Dorsey, Sicking & Rodenberg, Miami, for petitioner.

Alan H. Rothstein, City Atty. and Robert F. Clark, Asst. City Atty., for City of Miami.

Patrick H. Mears and J. Franklin Garner, Tallahassee, for Florida Industrial Relations.

ADKINS, Justice.

By petition for writ of certiorari, we are asked to review an order of the Florida Industrial Relations Commission, which by split two-to-one vote affirmed the order of the Judge of Industrial Claims, denying award of attorneys' fees for certain benefits awarded the claimant-petitioner herein.

Two issues are before this Court. The first is whether an employer must pay claimant's attorneys' fees under Fla. Stat. § 440.34(1), F.S.A., where...

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