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DUCK TOURS SEAFARI, INC. v. CITY OF KEY WEST

No. 3D02-2812.

875 So.2d 650 (2004)

DUCK TOURS SEAFARI, INC., Appellant, v. THE CITY OF KEY WEST, Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing or Certification Denied June 9, 2004.

Attorney(s) appearing for the Case

Kenny Nachwalter and Scott E. Perwin; Michael R. Barnes, Miami, for appellant.

David J. Audlin, Jr., for appellee.

Before COPE, LEVY and SHEVIN, JJ.

Rehearing En Banc or Certification Denied June 9, 2004.

COPE, J.

Duck Tours Seafari, Inc., an entity seeking to operate amphibious tours of Key West, appeals a summary judgment for the City of Key West on its claims of breach of the antitrust laws. We reverse.

I.

The Conch Train ("Train") and Old Town Trolley Tours ("Trolley")of Key West are two well-known tourist service entities which operate motorized tours of the City of Key West. For...

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