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BOARD OF TRUSTEES OF MIAMI BEACH E. R. S. v. BORNSTEIN

No. 74-518.

307 So.2d 237 (1975)

BOARD OF TRUSTEES OF the MIAMI BEACH EMPLOYEES RETIREMENT SYSTEM, et al., Appellants, v. Larry BORNSTEIN, Appellee.

District Court of Appeal of Florida, Third District.

January 28, 1975.

Attorney(s) appearing for the Case

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

Burnett Roth, Miami Beach, for appellee.

Before PEARSON, HENDRY and HAVERFIELD, JJ.

PER CURIAM.

The City appeals a final judgment issuing a peremptory writ of mandamus upon the petition of the appellee, Larry Bornstein. The trial court found as follows:

"It is the opinion of this Court that the Petitioner is an eligible employee member of the Miami Beach Employees Retirement System, as defined in Ordinance No. 1901, Article III, Section 3.01 of the Ordinance of the City of Miami Beach, who is entitled to prosecute his application for a service...

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