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CUNNINGHAM v. STATE PLANT BOARD OF FLORIDA

No. 774.

112 So.2d 905 (1959)

James L. CUNNINGHAM and his wife, Helen M. Cunningham, Appellants, v. STATE PLANT BOARD OF FLORIDA, a body corporate under the Laws of the State of Florida, et al., Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied June 29, 1959.

Attorney(s) appearing for the Case

Henry L. Jollay, Winter Haven, for appellants.

Richard W. Ervin, Atty. Gen., Ralph E. Odum, Asst. Atty. Gen., Allan F. Milledge, Sp.Asst. Atty. Gen., for appellees.

SMITH, CULVER, Associate Judge.

This is an appeal from a judgment entered by the Court below dismissing appellants' Complaint, which was filed on September 5, 1957. By their Complaint, appellants brought an action in tort against the appellees whom they charged with entering a citrus grove belonging to appellants, and pulling all of the trees from approximately 10 acres in accordance with the Plant Board's program for control of the burrowing nematode. It was alleged...

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