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ALBURY v. TANNER

No. P-170.

264 So.2d 90 (1972)

H.S. ALBURY, Tax Collector, Consolidated City of Jacksonville, Florida, Appellant, v. Paul TANNER, As Bishop of the Diocese of St. Augustine, a Corporation Sole and Episcopal High School of Jacksonville, Florida, Inc., Appellees.

District Court of Appeal of Florida, First District.

July 6, 1972.

Attorney(s) appearing for the Case

James C. Rinaman, Jr., and Yardley D. Buckman, Jacksonville, for appellant.

Daniel A. Naughton, Lucius A. Buck, and H.P. Osborne, Jr., of Mathews, Osborne & Ehrlich, Jacksonville, for appellees.

SPECTOR, Chief Judge.

Appellant seeks reversal of a judgment restraining him as tax collector from attempting to collect an occupational license tax from the appellees in connection with the schools operated by the latter.

At issue is the interpretation of the phrase "for profit" found in the taxing statute, Section 205.491, Florida Statutes, F.S.A., and its municipal counterpart, Ordinance No. 69-515-387, each of which is substantially alike and provides...

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