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CITY OF W. PALM BEACH v. INT'L BHD.

No. 74-206.

294 So.2d 710 (1974)

CITY OF WEST PALM BEACH, a municipal corporation, Appellant, v. INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS, AFL-CIO, Appellee.

District Court of Appeal of Florida, Fourth District.

May 24, 1974.

Attorney(s) appearing for the Case

James L. Watt, City Atty., City of West Palm Beach, West Palm Beach, for appellant.

Frank E. Hamilton, III, Hamilton Douglas & Bennett, P.A., Orlando, for appellee.

PER CURIAM.

Based upon our review of the record on appeal, the briefs and oral argument we are of the opinion that no reversible error has been demonstrated and the judgment must be affirmed without prejudice to the defendant's raising the issue of the plaintiff's capacity to maintain the suit below during the course of the proceedings in accordance with rules of practice and procedure. Cf. Rule 1.120(a), F.R.C.P., 30 F.S.A.

WALDEN and MAGER, JJ., and MOORE...

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