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CITY OF TAMPA v. BIRDSONG MOTORS, INC.

No. 39871.

261 So.2d 1 (1972)

CITY OF TAMPA, a Municipal Corporation, and Logan D. Browning, As Comptroller of the City of Tampa, Petitioners, v. BIRDSONG MOTORS, INC., et al., Respondents.

Supreme Court of Florida.

March 10, 1972.

Attorney(s) appearing for the Case

William Reece Smith, Jr., City Atty., for petitioners.

Chas. S. Ausley, of Ausley, Ausley, McMullen, McGehee & Carothers, Tallahassee and Sam Bucklew, of Bucklew, Ramsey & Stichter, Tampa, for respondents.

Robert M. Ervin, Joseph C. Jacobs and Thomas M. Ervin, Jr. of Ervin, Pennington, Varn & Jacobs, Tallahassee, for The Grand Union Co., amicus curiae.

Ralph A. Marsicano, Tampa, General Counsel for Florida League of Municipalities, amicus curiae.

ON REHEARING GRANTED

ROBERTS, Chief Justice.

Petitioners seek review of a decision of the Second District Court of Appeal, Birdsong Motors, Inc. v. City of Tampa, 235 So.2d 318. Conflict is alleged with Smith v. City of Miami, 160 Fla. 306, 34 So.2d 544 (1948), and Southern Bell Tel. & Tel. Co. v. Town of Surfside, 186 So.2d 777 (Fla., 1966). We have jurisdiction pursuant to Fla...

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