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IN THE CIRCUIT COURT OF Tf~E
~ NINETEENTH JUDICIAL CIRCUIT
I N AND FOR S'1' . LUC I E C OUN'i'Y ,
a7~~8~3 FLORI DA ;
CASE NO. 75 38 CA
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SEYMOUR B: FLEMING, et al, . ~
Plaintiffs, . ~
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vs. . ~
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L.~WRENCE D. KIMMEL. et al, , ~
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- - Defendants. . - '
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FI NAL JUDGMENT .
Plaintiffs, on behalf of themselves and all other
citizens and taxpayers in the City af Port St. Lucie bring
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_ this class action pursuant to Rule 1.220, Florida Rules of ~
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Civil Procedure. The cause came on for~final hearing upon
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~ the issues contained in Counts II, III and IV of the complaint.
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~ The Court has considered"the testimony oF witnesses, the stipu-
~ lations of fact entered into k~y the.parties and the written '
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~ and oral arguments of counsel.
` COUNT II - .
- The Court is asked to determine whether City Council-
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t man Lawrence D, Kimmel unlawfully occupied the position of City
Enginser and whether City Councilman Franklin Beardsley unlaw-
fully occupied the posi.tion of Office Manager or Head of the
~ Department of General Government of the City of Part St. Lucie.
- The Cour t is further asked to order the said Lawrence D. Kimn~l
and Franklin Beardsley to repay to the City of Port St. Lucie _
` any monies paid to them as salaries for these positions.
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r Councilman Kimmel was employed as City Engineer on ~ -
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~ June l, 1974, and served in thaL.capacity_until February 3, 1975.
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