UNITED SANITATION SERVICES, INC. v. CITY OF TAMPA

No. 73-860.

302 So.2d 435 (1974)

UNITED SANITATION SERVICES OF HILLSBOROUGH, INC., Appellant, v. CITY OF TAMPA, a Municipal Corporation of the State of Florida, et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 21, 1974.


Attorney(s) appearing for the Case

Arnold D. Levine of Levine, Freedman & Hirsch, P.A., Tampa, for appellant.

Henry E. Williams, Jr., City Atty., Tampa, for appellees.


SCHWARTZ, ALAN R., Associate Judge.

The collection of garbage is certainly a useful, indeed an indispensable, part of urban society. The private business of its collection, however, is not, nor has it ever been, akin in any way to "ordinary" examples of private enterprise — the selling of shoes, the repair of automobiles, or the selling of motel rooms. As the cases, from the time when the business was referred to as "scavenging" and those who conducted it as...

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