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CLAYTON v. CITY OF CAPE CANAVERAL

No. 76-641.

354 So.2d 147 (1978)

Don D. CLAYTON and Adele McGrath, Appellants, v. CITY OF CAPE CANAVERAL, Florida, and Willard Winnett, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 16, 1978.

Attorney(s) appearing for the Case

Kenneth A. Studstill of Studstill & Kutsche, P.A., Titusville, for appellants.

James Theriac, III and Richard F. Scott of Wolfe, Kirschenbaum, Caruso & Mosley, P.A., Cocoa Beach, for appellees.

ON REHEARING

ANSTEAD, Judge.

In our opinion of August 23, 1977, we held that the appellee, City of Cape Canaveral, a municipal corporation, was immune from liability for a malicious prosecution action brought by the appellant, Don D. Clayton. That opinion is hereby withdrawn.

The appellants, Don D. Clayton and Adele McGrath, filed an action for malicious prosecution and other related causes of action against the appellees, City of Cape Canaveral...

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