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SHIVER v. LEE

89 So.2d 318 (1956)

Otis W. SHIVER, trading and doing business as Shiver's Super Store, 4735 W. Flagier Street, Miami, Florida, and Shiver's, 2001 S.W. 67TH Avenue, West Miami, Florida, Appellant, v. C. Raymond LEE, Henry J.J. Schneider, John M. Scott, Fred B. Ragland, Bertha M. Elliot, William Imand, and Ben S. Waring, members of and as constituting the Florida Milk Commission, Appellees.

Supreme Court of Florida. En Banc.

Rehearing Denied September 13, 1956.

Attorney(s) appearing for the Case

Holladay & Swann, Miami, for appellant.

James Knight, and Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, for appellee.

Chester Bedell, Jacksonville, amicus curiae.

TERRELL, Justice.

In March, 1955, the Florida Milk Commission, hereinafter referred to as the "Commission," filed complaint in the appropriate forum praying that Otis W. Shiver be restrained from retailing milk at a price below that set by the Commission. A temporary restraining order was granted without notice and defendant proffered his answer in which he incorporated a motion to dismiss challenging the constitutional validity of those provisions of Chapter 501...

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