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STATE EX REL. WEST v. GRAY

74 So.2d 114 (1954)

STATE ex rel. WEST v. GRAY et al.

Supreme Court of Florida. En Banc.

February 16, 1954.

Attorney(s) appearing for the Case

J. Frank West, Williston, for relator.

Richard W. Ervin, Atty. Gen., and Howard S. Bailey, Asst. Atty. Gen., for R.A. Gray, Secretary of State, and Francis P. Whitehair, Le Land, and Lawrence A. Truett, Tallahassee, for Charley E. Johns, respondents.

J. Lewis Hall, Tallahassee, for Brailey Odham and Ausley, Collins & Ausley and Messer & Willis, Tallahassee, for LeRoy Collins, amicus curiae.

PER CURIAM.

In original mandamus proceedings filed in this court, we are required to determine the effect of Section 5 of Article III of the Constitution of this state, F.S.A., on the eligibility of the Honorable Charley E. Johns to become a candidate for the office of Governor to fill the unexpired term of the late Governor Dan McCarty. Senator Johns has announced his candidacy for the Democratic nomination for governor and has qualified with the Secretary of State...

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