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DADE COUNTY N.D.S. CO. v. FLORIDA R.R. & P.U. COM'N

48 So.2d 89 (1950)

DADE COUNTY NEWS DEALERS SUPPLY CO. v. FLORIDA RAILROAD & PUBLIC UTILITIES COMMISSION. DADE COUNTY NEWS DEALERS SUPPLY CO. v. SOUTHERN BELL TEL. & TEL. CO. et al.

Supreme Court of Florida, Division A.

October 17, 1950.

Attorney(s) appearing for the Case

Louis M. Jepeway, John G. Dauber and Jeptha P. Marchant, Miami, for petitioner and appellant.

Lewis W. Petteway, Tallahassee, D. Fred McMullen, Tampa, and Guyte P. McCord, Jr., Tallahassee, for respondent.

Richard W. Ervin, Attorney General, for intervenor-appellee.

Loftin & Wahl, Jacksonville, Walton, Hubbard, Schroeder, Lantaff & Atkins, Miami, E.W. Smith, John T. Goree and Graham George, Atlanta, Ga., Scott M. Loftin, Harold B. Wahl, Jacksonville, and John H. Wahl, Jr., Miami, for appellee.

TERRELL, Justice.

Pursuant to Section 364.20, Florida Statutes 1941, F.S.A., the Florida Railroad and Public Utilities Commission, hereinafter referred to as the Commission, promulgated Rule 1592, prohibiting the furnishing of "telephone or telegraph service when the same is intended for use, will be used has been used or is being used in violation of law. Said Rule shall become effective on April 1, 1950 and shall be binding...

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