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STATE ROAD DEPARTMENT OF FLORIDA v. FRUGOLI

No. C-163.

123 So.2d 473 (1960)

STATE ROAD DEPARTMENT OF FLORIDA, an Agency of the State of Florida, Appellant, v. Frank FRUGOLI and Martha Frugoli, his wife, and Roy E. Hyne and Agnes Hyne, his wife, Appellees.

District Court of Appeal of Florida. First District.

October 6, 1960.

Attorney(s) appearing for the Case

Clyde G. Trammell, Jr., Tallahassee, for appellant.

J.B. Hodges and A.K. Black, Lake City, for appellees.

STURGIS, Judge.

The State Road Department, plaintiff below, filed its complaint in equity seeking a mandatory injunction requiring the defendants to remove certain unspecified property owned by them from the right of way of a public road in course of construction and improvement by the plaintiff, being a project in which the federal government is participating to the extent of 50% of the cost. On motion of defendants the trial court entered an order dismissing the...

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