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JOHN K. McDANIEL, APPELLANT, v. CITY OF LAKELAND, A MUNICIPAL CORPORATION, ET AL., APPELLEES.

PER CURIAM.

We conclude that the petition for writ of mandamus did not demonstrate that the petitioner had a clear and already established legal right to the performance of a duty by any of the respondents. Therefore, the final order dismissing the petition is affirmed, without prejudice to the petitioner's institution of a separate action for declaratory judgment or for damages to secure the relief he has sought in this one.

Affirmed.

McNULTY, C.J., GRIMES, J., and SCHWARTZ, ALAN R., Associate Judge, concur.

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McDANIEL v. CITY OF LAKELAND
(Dec 18, 1974)