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COLLINS v. HORTEN

No. B-27.

111 So.2d 746 (1959)

LeRoy COLLINS, as Governor of the State of Florida, et al., as and constituting the State Board of Conservation of Florida, Appellants, v. Lewis H. HORTEN, et al., Appellees.

District Court of Appeal of Florida. First District.

May 7, 1959.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., Joseph C. Jacobs, Asst. Atty. Gen., Caldwell, Parker, Foster, Madigan, Oven & Moriarty, Tallahassee, and C. Bourke Floyd, Apalachicola, for appellants.

Williams & Owens, Tallahassee, for appellees.

STURGIS, Chief Judge.

This is an appeal from an order granting an injunction to the appellees against the enforcement of Rule No. 12 of the State Board of Conservation of Florida, the full text of which is as follows:

"During the period when natural state-owned reefs and bottoms are closed to oyster taking and harvesting, all private beds whether leased or granted shall also be closed. During this closed period...

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