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STATE EX REL. BREVARD KENNEL CLUB v. RATLIFF

91 So.2d 631 (1956)

STATE ex rel. BREVARD KENNEL CLUB, Inc., a Florida corporation, Relator, v. C.H. RATLIFF, as Chairman, John R. Ring, As Secretary, and J.B. Johnson, C. Sweet Smith, Jr., and Warren H. Toole, Jr., as members of and constituting the Florida State Racing Commission, Respondents. STATE of Florida on relation of the INDIAN RIVER KENNEL CLUB, Inc., Petitioner, v. The STATE RACING COMMISSION and Clarence H. Ratliff, Chairman, John R. Ring, Secretary, J.D. Johnson, C. Sweet Smith, Jr., and Warren H. Toole, Jr., members, all constituting the Chairman, Secretary and Members of the State Racing Commission of the State of Florida, Respondents. STATE ex rel. MARTIN COUNTY KENNEL CLUB, Inc., a Florida corporation, Relator, v. C.H. RATLIFF, as Chairman, John R. Ring, as Secretary, and J.B. Johnson, C. Sweet Smith, Jr., and Warren H. Toole, Jr., as members of and constituting the Florida State Racing Commission, Respondents.

Supreme Court of Florida. En Banc.

Rehearing Denied January 17, 1957.

Attorney(s) appearing for the Case

Robert D. Tylander, West Palm Beach, for relator in State ex rel. Brevard Kennel Club, Inc., a Florida corporation.

Sibley & Davis, Miami Beach, for relator State ex rel. Indian River Kennel Club, Inc., a Florida corporation.

Glenn Bryan Smith, Jr., Richard C. Carter, Jr., Miami, and Ervin & Buford, Tallahassee, for relator State ex rel. Martin County Kennel Club, Inc., a Florida corporation.

Richard W. Ervin, Atty. Gen., George E. Owen, Asst. Atty. Gen., and George Gilleland, Miami, for respondents.

Hoffman, Kemper & Johnson and Carl T. Hoffman, Miami, amici curiae.

DREW, Chief Justice.

These consolidated cases present the sole issue of what counties may conduct summer dog racing under the language contained in Sec. 550.04, Florida Statutes 1955, F.S.A. The pertinent language of the statute is the following:

"* * * summer dog track meetings shall be held only during the period beginning with and including June 1st and up to and including the 30th day of September, in counties lying wholly east of the St. Johns river...

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