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FLORIDA POW. CORP. v. WITHLACOOCHEE RIVER ELEC. COOP.

No. 1973.

130 So.2d 641 (1961)

FLORIDA POWER CORPORATION, A corporation, Appellant, v. WITHLACOOCHEE RIVER ELECTRIC COOPERATIVE, INC., a cooperative non-profit membership corporation organized and existing under the laws of the State of Florida, having its principal place of business at Dade City, Florida, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied June 13, 1961.

Attorney(s) appearing for the Case

S.E. Simmons, St. Petersburg, for appellant.

Charlie Luckie, Jr., of Dayton, Dayton & Luckie, Dade City, for appellee.

SHANNON, Judge.

The appellant, Florida Power Corporation, has filed this interlocutory appeal from a denial by the chancellor of its motion for summary judgment against Withlacoochee River Electric Cooperative, Inc., appellee, who was the plaintiff below.

The plaintiff below was organized under Chapter 425, Fla. Stat., F.S.A., and is what is commonly known as a "Co-op." The defendant below was and is a public utility...

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