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CITY OF TAMPA v. G.T.E. AUTO. ELEC. INC.

No. 75-1217.

337 So.2d 844 (1976)

CITY OF TAMPA and Melvin B. Smith, As Treasurer Pro Tem. of the City of Tampa, Appellants, v. G.T.E. AUTOMATIC ELECTRIC INCORPORATED, a Foreign Corporation, Appellee.

District Court of Appeal of Florida, Second District.

October 1, 1976.

Attorney(s) appearing for the Case

Henry E. Williams, Jr., City Atty., and Thomas K. Morrison, Asst. City Atty., Tampa, for appellants.

Marvin E. Barkin of Trenam, Simmons, Kemker, Scharf & Barkin, Tampa, for appellee.

PER CURIAM.

Appellee corporation brought this action on July 30, 1973 to recover a refund of 1970 and 1971 license taxes paid under protest. The taxes were payable pursuant to an ordinance of appellant city which, in 1972, was declared unconstitutional by the supreme court in City of Tampa v. Birdsong Motors, Inc.,1 to which appellee corporation was not a party.

The trial court...

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