CURTIS PUBLISHING COMPANY v. BADER

Nos. 72-143, 72-186.

266 So.2d 78 (1972)

The CURTIS PUBLISHING COMPANY, and the Saturday Evening Post Company, Appellants, v. Robert BADER, On Behalf of Himself and All Others Similarly Situated, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 20, 1972.


Attorney(s) appearing for the Case

McCarthy, Steel, Hector & Davis and Dennis G. King, Blackwell, Walker & Gray, Miami, for appellants.

Hilery F. Silverman, Miami, for appellees.

Before CHARLES CARROLL, HENDRY and HAVERFIELD, JJ.


PER CURIAM.

The appellee, alleging partial failure of consideration by reason of the termination of publication of The Saturday Evening Post during the period of his prepaid subscription and claiming damages therefor in the amount of $3.95, filed a civil (law) action in the circuit court of Dade County for recovery thereof, for himself and for all other such subscribers in the United States similarly situated.

Defendants moved to dismiss on the ground that...

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