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CITY OF KEY WEST v. DUCK TOURS SEAFARI

No. 3D05-1864.

972 So.2d 901 (2007)

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

District Court of Appeal of Florida, Third District.

November 14, 2007.

Attorney(s) appearing for the Case

Robert Tischenkel; Greenberg Traurig, P.A., and Elliot H. Scherker, and Daniel M. Samson, Miami, for appellant.

Hicks & Kneale, P.A. and Mark Hicks, Miami; Michael R. Barnes, Key West; Kenny Nachwalter, P.A. and Scott E. Perwin, Miami; Robert C. Weinbaum, for appellee.

Before GERSTEN, C.J., and GREEN and RAMIREZ, JJ.

PER CURIAM.

The City of Key West ("City") appeals from a final judgment awarding damages and injunctive relief to Duck Tours Seafari, Inc., following a three-week jury trial. We affirm in part, reverse in part, and remand with instructions.

Duck Tours sought to operate sea-based sightseeing tours of Key West Harbor using World War II vehicles known as "Ducks." Similar operations exist in Boston, Massachusetts, Washington, D.C., and Branson, Missouri. Duck...

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