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FRATERNAL ORDER OF POLICE v. CITY OF MIAMI

No. 79-1473.

384 So.2d 726 (1980)

FRATERNAL ORDER OF POLICE, MIAMI LODGE 20, and AFSCME Local 1907, Appellants, v. CITY OF MIAMI, aPPELLEE.

District Court of Appeal of Florida, Third District.

June 10, 1980.

Attorney(s) appearing for the Case

Weinsoff & Weinsoff and Alan Eichenbaum, Miami, for appellants.

George F. Knox, Jr., City Atty. and J. Michael Haygood, Asst. City Atty., for appellee.

Before BARKDULL and BASKIN, JJ., and EZELL, BOYCE, F., Jr. (Ret.), Associate Judge.

BARKDULL, Judge.

The appellants, as plaintiffs, filed a declaratory decree action seeking a ruling that Sections 447.301(2) and 447.309(5), Florida Statutes (1977) were unconstitutional, naming the City as a defendant because of its actions under the statutes in collective bargaining agreements with certain of their employees. The City filed a motion to dismiss, alleging that the plaintiffs had been given notice of and, in fact, that plaintiffs filed a memorandum...

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