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MILLER v. METROPOLITAN DADE COUNTY

No. 79-2339.

386 So.2d 1248 (1980)

Michael R. MILLER, Appellant, v. METROPOLITAN DADE COUNTY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 8, 1980.

Attorney(s) appearing for the Case

Lionel Barnet, Miami Beach, and Sheldon C. Kurland, Fort Lauderdale, for appellant.

Robert A. Ginsburg, County Atty. and Susan E. Trench, Asst. County Atty., for appellee.

Before BARKDULL, SCHWARTZ and NESBITT, JJ.

PER CURIAM.

In entering summary judgment below, the trial court held that Dade County was required to make social security (FICA) deductions from salary payments made to its employees during their absence from work because of sickness. For the reasons outlined in State of New Mexico v. Weinberger, 517 F.2d 989 (10th Cir.1975), cert. denied, 423 U.S. 1051, 96 S.Ct. 779, 46 L.Ed.2d 640 (1976) and Graves v. Gardner,

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