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GREEN v. FLORIDA EAST COAST RAILWAY COMPANY

No. D-254.

141 So.2d 326 (1962)

Ray E. GREEN, Comptroller of the State of Florida, Richard W. Ervin, Attorney General of the State of Florida, and J. Edwin Larson, Treasurer of the State of Florida, as and constituting the Railroad Assessment Board of the State of Florida, and Ray E. Green, as Comptroller of the State of Florida, Appellants, v. FLORIDA EAST COAST RAILWAY COMPANY, a corporation, Appellee.

District Court of Appeal of Florida, First District.

May 17, 1962.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., Joseph C. Jacobs, and Edward S. Jaffry, Assts. Atty. Gen., for appellants.

Hall, Hartwell, Peeples & Hall, Tallahassee, for appellee.

CARROLL, DONALD K., Chief Judge.

The members of the Railroad Assessment Board, the defendants below, have appealed from an order entered by the Circuit Court for Leon County denying their motion to dismiss the plaintiff's complaint.

The essential allegations of the complaint are as follows: that the plaintiff is a railroad corporation authorized to operate as a common carrier by railroad wholly within the State of Florida; that the defendants constitute the...

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