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McINERNEY v. ERVIN

46 So.2d 458 (1950)

McINERNEY et al. v. ERVIN, Attorney General, et al.

Supreme Court of Florida, en Banc.

March 21, 1950.

Attorney(s) appearing for the Case

Pat Whitaker, Tampa, and Vincent C. Giblin, Miami, for appellants.

Lewis W. Petteway, Tallahassee, D. Fred McMullen, Tampa, Guyte P. McCord, Jr., Tallahassee, Richard W. Ervin, Attorney General, George M. Powell, Howard S. Bailey, Reeves Bowen and Fred M. Burns, Assistant Attorneys General, for appellees.

TERRELL, Justice.

The legislature of 1949 enacted Chapter 25016, F.S.A. § 365.01 et seq., regulating the lease and use of private wires by public utility companies. Sections two and three of said act are as follows:

"Section 2. It shall be unlawful for any public utility knowingly to furnish to any person any private wire for use or intended for use in the dissemination of information in furtherance of gambling or for gambling purposes, or for any person...

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