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DADE COUNTY v. ACME SPECIALTY CORP.

No. 73-897.

292 So.2d 378 (1974)

DADE COUNTY, a Political Subdivision of the State of Florida, Appellant, v. ACME SPECIALTY CORPORATION, a Foreign Corporation, Appellee.

District Court of Appeal of Florida, Third District.

March 26, 1974.

Attorney(s) appearing for the Case

Stuart Simon, County Atty., and Steven Lee, Asst. County Atty., for appellant.

Ullman, Kimler & Entin, Miami, for appellee.

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

BARKDULL, Chief Judge.

By this appeal, the County questions the correctness of a final judgment holding null and void those portions of a County ordinance banning the sale of "sparklers". Section 791.01, Fla. Stat.,1 F.S.A., defining fireworks, has a specific exemption as to sparklers and provides in part that they may be offered for sale.

The Supreme Court of Florida has recently had occasion to review the propriety of a municipality...

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