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PEOPLES GAS SYSTEM, INC. v. CITY GAS COMPANY

No. 63-568.

167 So.2d 577 (1964)

PEOPLES GAS SYSTEM, INC., a Florida corporation, Appellant, v. CITY GAS COMPANY, a Florida corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 14, 1964.

Attorney(s) appearing for the Case

Scott, McCarthy, Preston & Steel and George W. Wright, Jr., Miami, McClain, Cason & Turbiville, Tampa, for appellant.

Dubbin, Schiff, Berkman & Dubbin, Ward & Ward, Miami, for appellee.

Edgar H. Dunn, Jr., St. Petersburg, Erskine W. Landis, DeLand, amici curiae.

Before HORTON, TILLMAN PEARSON and HENDRY, JJ.

TILLMAN PEARSON, Judge.

The final decree which is appealed held a territorial service area agreement, defining the areas in which two gas utility companies should sell natural gas in Dade and Broward Counties, to be unenforceable. The basis for the decree was a holding that the agreement was a violation of Chapter 542, Fla. Stat., F.S.A.1 This chapter is entitled: "Combinations Restricting Trade or Commerce" and prohibits, subject to named...

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