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GIDMAN v. CATHOLIC SERVICE BUREAU

No. 81-943.

416 So.2d 1168 (1982)

Justin V. GIDMAN, Alexander L. Suto, and Steven I. Greenwald, Appellants/Cross-Appellees, v. CATHOLIC SERVICE BUREAU, Cross-Appellant, v. CITY OF BOCA RATON, a Municipal Corporation, and Jefferson H. Milner, John J. Meyer, Randolph H. Femmer, William Konrad, and Carol G. Hanson, in Their Respective Capacities As Members of the City Council of the City of Boca Raton, County of Palm Beach, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 4, 1982.

Attorney(s) appearing for the Case

Justin V. Gidman, Alexander L. Suto, Steven I. Greenwald, and Jeffrey Watkin of Suto, Greenwald & Gidman, P.A., Boca Raton, for appellants/cross-appellees.

Byron B. Mathews, Jr., of McDermott, Will & Emery, Miami, for cross-appellant.

M.A. Galbraith, Jr., City Atty., Boca Raton, for appellees.

Robert A. Eisen of Marchbanks, Bell & Eisen, P.A., Boca Raton, for intervenor-Florence Fuller Child Development Center, Inc.

DOWNEY, Judge.

Appellee, City of Boca Raton, contracted to contribute matching funds for use in the operation of a child day care center. Appellants sued to enjoin the contribution, contending that it is expressly prohibited by the City Charter. From an adverse summary judgment appellants have perfected this appeal.

The record reflects that on September 29, 1980, the City Council of Boca Raton, by resolution, authorized the mayor and city clerk to contract...

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