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VAN ARSDALE v. KING

No. 32054.

149 So.2d 353 (1963)

W. Palmer VAN ARSDALE, Frank R. Gernert, Florida Tank Lines, Inc., and Redwing Carriers, Inc., Petitioners, v. Wilbur C. KING, Jerry W. Carter, and Edwin L. Mason, as members of and constituting the Florida Railroad and Public Utilities Commission, Respondents.

Supreme Court of Florida.

January 30, 1963.

Attorney(s) appearing for the Case

Lewis H. Hill, Jr. (of Hill, Hill & Dickenson), Tampa, for petitioners.

Lewis W. Petteway, Tallahassee, for Florida Railroad and Public Utilities Commission.

A. Pickens Coles, Tampa, James E. Wharton, Lakeland, and Coles, Himes & Talley, Tampa, for Tropical Transport, Inc., Commercial Carrier Corp. and Clay Hyder Trucking Lines, Inc., protestants.

Sack & Sack, Wm. Joe Sears, Jacksonville, and D. Fred McMullen, Tallahassee, amici curiae.

THORNAL, Justice.

By a petition for a writ of certiorari we are requested to review an order of the respondent Commission in a common carrier stock transfer proceeding.

We must determine whether Section 323.10(2) authorizes the Commission to declare abandoned because of dormancy a portion of a certificate held by a non-schedule, irregular route carrier of specified commodities.

Since 1953, Florida Tank Lines, Inc. has held a certificate of public convenience...

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