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CESARY v. SECOND NAT. BANK OF NORTH MIAMI

No. 76-1515.

567 F.2d 283 (1978)

Ann M. CESARY a/k/a Ann M. Johnson, Individually and for all others similarly situated, Plaintiff-Appellant, v. The SECOND NATIONAL BANK OF NORTH MIAMI, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 2, 1978.

Attorney(s) appearing for the Case

Shalle Stephen Fine, Miami, Fla., Milton Feller, Miami Beach, Fla., for plaintiff-appellant.

Sheldon Rosenberg, North Miami Beach, Fla., for defendant-appellee.

Robert Shevin, Atty. Gen. of Fla., William S. Stevens, III, Mary Jo Carpenter, Asst. Attys. Gen., Susan E. Mole, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., amicus curiae.

Before INGRAHAM, GEE and TJOFLAT, Circuit Judges.

PER CURIAM:

This appeal presents an important issue of Florida law which we believe is particularly appropriate for resolution by the Supreme Court of Florida. Thus, as we have done in the past,1 we defer decision in the cause and certify the issue to the Supreme Court of Florida.

Following our practice,2 we requested that the parties submit a proposed statement of facts and proposed agreed certificate...

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