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DiMASSIMO v. CITY OF CLEARWATER

No. 85-3654.

805 F.2d 1536 (1986)

Carl DiMASSIMO and Ramona M. DiMassimo, Plaintiffs-Appellants, Cross-Appellees, and Maxine Jackson and George Jackson, Plaintiffs-Intervenors-Appellants, Cross-Appellees. v. CITY OF CLEARWATER, et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

December 19, 1986.

Attorney(s) appearing for the Case

David J. Gruskin, Gulfcoast Legal Services, Inc., Clearwater, Fla., for plaintiffs-appellants, cross-appellees.

Alan S. Zimmet, Asst. City Atty., Clearwater, Fla., for defendants-appellees, cross-appellants.

Before RONEY, Chief Judge, FAY, Circuit Judge and SIMPSON, Senior Circuit Judge.

SIMPSON, Senior Circuit Judge:

The City of Clearwater, Florida, provides utilities, including gas and water services, to customers pursuant to a code of ordinances which provides, in pertinent part, that the only customers who may apply for, and obtain utilities are owners whose land receives the benefit of those services or persons who have the owner's authority to request that utilities be provided to the premises and agree that the owner shall be responsible for...

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