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STATE PLANT BOARD v. SMITH

No. 29609.

110 So.2d 401 (1959)

STATE PLANT BOARD, a body corporate under the Laws of the State of Florida; W.G. Cowperthwaite, As Plant Commissioner; and Charles Poucher, Individually, and as agent of said Board, Appellants, v. Walter A. SMITH and wife, Mildred C. Smith, Appellees.

Supreme Court of Florida.

March 25, 1959.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., Ralph E. Odum, Asst. Atty. Gen., Joseph O. Macbeth, Sebring, and M.H. Edwards, Bartow, for appellants.

H.C. Crittenden, Winter Haven, G.B. Fishback, Orlando, Robert L. Staufer, Winter Haven, Harry Lee, Sebring, and Edward J. Hanlon, Jr., Winter Garden, for appellees.

ROBERTS, Justice.

This is an interlocutory appeal from an order of the lower court holding unconstitutional all of § 2 of Ch. 57-365, Laws of 1957 [§ 581.17(2), Fla. Stat. 1957, F.S.A.], except the first paragraph thereof, and declining to dismiss the plaintiff-appellees' suit for injunctive relief against the appellant, the State Plant Board, upon its motion.

The Act in question was adopted by the Legislature following the decision of this court...

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