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WINN-DIXIE STORES, INC. v. PEPSI-COLA BOTTLING COMPANY

No. 32864.

160 So.2d 102 (1964)

WINN-DIXIE STORES, INC., a corporation, Petitioner, v. PEPSI-COLA BOTTLING COMPANY OF JACKSONVILLE, Inc., a corporation, Respondent.

Supreme Court of Florida.

January 31, 1964.

Attorney(s) appearing for the Case

Barnes & Slater, Jacksonville, for petitioner.

Harry T. Gray, Francis P. Conroy and Marks, Gray, Yates, Conroy & Gibbs, Jacksonville, for respondent.

THOMAS, Justice:

We assumed jurisdiction of this cause under Article V, Section 4(2), F.S.A., because of the view that a statement by the District Court of Appeal in its opinion in Winn-Dixie Stores, Inc. v. Fellows, Fla. App., 153 So.2d 45, conflicted with an opinion of this court in Smith and Armstead v. Croom, et al., 7 Fla. 81.

The better to understand the point, we give a brief digest of the salient facts. The petitioner...

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