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ATLANTIC COAST LINE RAILROAD COMPANY v. BOYD

102 So.2d 709 (1958)

ATLANTIC COAST LINE RAILROAD COMPANY, a corporation, and Seaboard Air Line Railroad Company, a corporation, Petitioners, v. Alan S. BOYD, Chairman, and Jerry W. Carter and Wilbur C. King, as members of and constituting the Florida Railroad and Public Utilities Commission, Respondents.

Supreme Court of Florida.

Rehearing Denied June 6, 1958.

Attorney(s) appearing for the Case

Ralph C. Dell, Tampa, D. Fred McMullen of Ausley & Ausley, Tallahassee, Allen, Dell & Frank; Tampa, Fowler, White, Gillen, Yancey & Humkey, Miami, Phil C. Beverly, Wilmington, N.C., and Richard A. Hollander, Norfolk, Va., for petitioners.

Lewis W. Petteway and Guyte P. McCord, Jr., Tallahassee, for respondents.

THOMAS, Justice.

In this proceeding an attack is made upon an order of Florida Railroad and Public Utilities Commission which resulted, so it is contended by the petitioners, from a misconstruction of Sec. 323.29, Florida Statutes 1955, and F.S.A.

In the statute, enacted in 1931 to regulate the use of motor vehicles on the highways, the legislature recognized and declared that certain motor vehicles and services, because of their peculiar nature, should be...

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