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McNEVIN v. BAKER

No. 4786.

170 So.2d 66 (1964)

Donald J. McNEVIN, as Justice of the Peace, et al., Appellants, v. Robert W. BAKER, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied January 7, 1965.

Attorney(s) appearing for the Case

Page S. Jackson, County Atty., and Julian R. Howay, Asst. County Atty., Clearwater, for appellants.

Rowan J. Helferty, Jr., of Baker & Baker, Clearwater, for appellee.

ALLEN, Acting Chief Judge.

This cause occurs upon appeal from a final declaratory decree directly passing upon the validity of a state statute, Section 3, Chapter 61-648, Laws of Florida 1961, and declaring said statute unconstitutional. The single issue presented is whether the complaint in the cause stated a case cognizable under Florida's Declaratory Judgments Act, Chapter 87, Florida Statutes, 1961.1

In early 1962 appellee...

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