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Meredith v. City of Winter Haven

W. J. MEREDITH, James G. Martin, and A. R. Ohmart v. CITY OF WINTER HAVEN

Meredith v. City of Winter Haven, 141 F.2d 1019 (5th Cir. 1944)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
April 22, 1944
Docket
No. 10402
Judges
Hutcheson, McCord, Sibley
Citations
141 F.2d 10191944 U.S. App. LEXIS 3850

Opinion of the Court

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PER CURIAM.

As ground for a rehearing the case of State v. Pinellas County, 143 Fla. 557 , 197 So. 127 , is particularly pressed upon us. In that case the bonds to be refunded had “deferred interest coupons”, which were not provided for in the new series about to be validated. It is true the court held the deferred interest coupons would not thereafter be collectible, but the reason given is not that they were originally and totally void, but that the bonds which bore them had been duly called under a provision for calling them “at par and the accrued interest at the rate then prevailing as en- *1020 forcible and collectible.” No part of the deferred interest was payable on the call, as in our case. We remain convinced that our conclusion is according to law and justice.

Petition for rehearing denied.

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DepthCaseCited by
State v. Spec. Tax Sch. Dist. No. 3, Pinellas Cty., 197 So. 127 (Fla. 1940) 4

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