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MIAMI CENTER LIQUIDATING TRUST v. DADE COUNTY, FLA.

No. 86-2608-CIV.

75 B.R. 61 (1987)

The MIAMI CENTER LIQUIDATING TRUST, for itself and for the Use and Benefit of City National Bank of Miami, a national banking association as Trustee under Trust Agreement dated October 10, 1985 and known as Trust # 5008793, Plaintiff, v. DADE COUNTY, FLORIDA, Robbins, Joel in his capacity as Acting Property Appraiser of Dade County, Ganz, Fred, in his capacity and as Tax Collector of Dade County, Miller, Randall, in his capacity as Executive Director of the Florida Department of Revenue, Smith, Jim, Attorney General of the State of Florida, Butterworth, Robert, as successor Attorney General, Defendants.

United States District Court, S.D. Florida.

May 21, 1987.

Attorney(s) appearing for the Case

Irving M. Wolff, Harry D. Lewis, Holland & Knight, Miami, Fla., for plaintiff.

Robert A. Butterworth, Atty. Gen., Linda Lettera, Asst. Atty. Gen., Tallahassee, Fla., for defendants Smith & Butterworth.

Robert A. Ginsburg, Dade Co. Atty., Daniel A. Weiss and Thomas W. Logue, Asst. Co. Attys., Miami, Fla., for defendants Robbins, Ganz & Miller.

ORDER DISMISSING COMPLAINT IN ABSENCE OF MANDATORY JURISDICTION

KEHOE, District Judge.

THIS CAUSE is before the Court upon the Plaintiff's Application for a Temporary Restraining Order pursuant to a Complaint for Declaratory Judgment and Permanent Injunction. At the hearing on the Application, the primary question considered by the Court was whether its mandatory jurisdiction, rather than its discretionary jurisdiction, had been invoked. The...

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