STURGIS, Chief Judge.
Plaintiff below, J.C. Darby, sued in equity to enjoin an alleged trespass upon his lands by the defendant State Road Department of Florida, and prayed, alternatively, that the defendant be required to exercise its right of eminent domain as a means of making restitution for the damages occasioned by the trespass.
Upon final hearing the Circuit Court of Escambia County, Crosby, J., entered an order finding that there had been "a taking...
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