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ERVIN v. COLLINS

85 So.2d 852 (1956)

Richard W. ERVIN, as Attorney General of the State of Florida, Appellant, v. LeRoy COLLINS, Individually, R.A. Gray, as Secretary of State of the State of Florida, and Peaslee Streets, Appellees.

Supreme Court of Florida. En Banc.

March 5, 1956.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., and Howard S. Bailey, Asst. Atty. Gen., for appellant.

R.A. Gray, Secretary of State, Tallahassee, in pro. per.

Chas. S. Ausley, D. Fred McMullen, Ben C. Willis, Tallahassee, and William A. McRae, Jr., Bartow, for appellee LeRoy Collins, individually.

Damon Yerkes, Jacksonville, for appellee Peaslee Streets.

TERRELL, Justice.

This is a suit for declaratory decree instituted by Peaslee Streets against LeRoy Collins, individually, and as Governor, R.A. Gray, as Secretary of State, and Richard W. Ervin, as Attorney General. The complaint prays the court to take jurisdiction of the subject matter and the parties and determine whether or not Honorable LeRoy Collins having been elected Governor in 1954 for the unexpired term of Honorable Dan McCarty, deceased, is eligible to...

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