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FLORIDA STATE RACING COM'N v. BROWARD COUNTY. K. CLUB

77 So.2d 783 (1955)

FLORIDA STATE RACING COMMISSION; Ray E. Dilg, Julian Lane, J.M. Caruthers, Millard G. Gilmore and Frank Winchell, as and constituting the Florida State Racing Commission; Bernard Chauncey and Frank J. Kraemer, as co-partners trading and doing business under the firm name and style of Dade Kennel Association, Petitioners, v. BROWARD COUNTY KENNEL CLUB, Inc., a Florida corporation, Respondent, Peter A. Foglia, Intervenor Respondent.

Supreme Court of Florida. Special Division B.

Rehearing Denied February 22, 1955.

Attorney(s) appearing for the Case

Robert H. Carlton, Tampa, Jake I. Watson, Hollywood, Alexander S. Gordon, Miami Beach, and William C. Pierce, Tampa, for petitioners.

Landefeld & Kerr and C.H. Landefeld, Jr., Hollywood, and J. Lewis Hall, Tallahassee, for respondent.

Fleming, O'Bryan & Fleming and Foy B. Fleming, Fort Lauderdale, for intervenor-respondent.

THOMAS, Justice.

The plaintiff in the chancery court, respondent here, filed a bill for declaratory decree attacking the validity of a permit issued to Dade Kennel Association and praying for a declaration of "the rights and duties of the petitioner and the defendants arising under and by virtue * * * of said dog racing permit * * *." The plaintiff also prayed that the same permit be declared void; that the racing commission be ordered to rescind its resolution approving...

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