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DRIVER'S DISPATCH, INC. v. FLORIDA R. & PUB. UTIL. COM'N

Nos. 63-590, 63-606.

166 So.2d 899 (1964)

DRIVER'S DISPATCH, INC., and Samuel G. Gager, Appellants, v. FLORIDA RAILROAD AND PUBLIC UTILITIES COMMISSION et al., Appellees. TRAFFIC ADVISORY SERVICE, INC., Control System, Inc., and E.N. Cook et al., Appellants, v. FLORIDA RAILROAD AND PUBLIC UTILITIES COMMISSION, Overseas Transportation Company, Inc., et al., Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied September 18, 1964.

Attorney(s) appearing for the Case

Ralph E. Stayer, Miami, for Driver's Dispatch and Gager.

Palermo & Connelly and Harry Prebish, Miami, for Traffic Advisory Service, Control System and E.N. Cook.

Lewis W. Petteway Tallahassee, for Florida Railroad.

Shutts, Bowen, Simmons, Prevatt & Boureau, Miami, for Overseas Transportation et al.

Bolles, Prunty, Martin & Goodwin, Miami, for Air Control Products.

Before CARROLL, TILLMAN PEARSON and HENDRY, JJ.

PER CURIAM.

Appellants were defendants below. Their separate appeals from a summary final decree were consolidated. The issues and questions involved may best be stated by quoting the extensive final decree entered by the chancellor, which was as follows:

"The issue in this case is whether the defendants are conducting the business of an auto transportation company as defined by Section 323.01 of the Florida Statutes [F.S.A.] without having obtained proper...

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