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CITY OF MIAMI BEACH v. INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS

No. 72-384.

273 So.2d 406 (1973)

CITY OF MIAMI BEACH, Etc., et al., Appellants, v. INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1510, Etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

February 27, 1973.

Attorney(s) appearing for the Case

Joseph A. Wanick, City Atty., for appellants.

Becker, Kimler, Entin & Ullman, Miami, for appellees.

Before BARKDULL, C.J., and CHARLES CARROLL and HENDRY, JJ.

HENDRY, Judge.

This appeal by the city challenges a trial court decision1 declaring Section 94 of the Civil Service Act of the Miami Beach Code of City Ordinances to be unconstitutional on its face. The subject ordinance was attacked by appellee as a class action for declaratory and injunctive relief. The ordinance in question reads:

"No person shall orally, by letter or otherwise solicit or be in any manner concerned in soliciting...

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