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MIDSTATE HAULING CO. v. MASON

No. 33582.

177 So.2d 206 (1965)

MIDSTATE HAULING CO., Inc., Silver Sand Co. of Leesburg, Inc., Walker Hauling, Inc., Montgomery Brothers Trucking Company, Al Landers Dump Trucks, Inc., West Coast Haulers, Rock Haulers, Inc., and Archie Guy Wimpy, Petitioners, v. Edwin L. MASON, Jerry W. Carter and William T. Mayo, as and constituting the Florida Public Utilities Commission, Respondents.

Supreme Court of Florida, En Banc.

July 7, 1965.

Attorney(s) appearing for the Case

J.B. Rodgers, Jr., of Rodgers & Kirkland, Orlando, and William V. Chappell, Jr., of Chappell & Dunn, Ocala, for petitioners.

Lewis W. Petteway and Thomas F. Woods, Tallahassee, for Florida Public Utilities Commission; C. Clyde Atkins and Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, for Austin W. Tupler, d/b/a Tupler Trucking; Roy L. Boynton, Frank W. Fisher, William O. Spears and Frank A. Currie, Jr., Kelly, Paige, Black & Black, Miami, for Andrew J. House; Norman J. Bolinger and Schwartz, Proctor & Bolinger, Jacksonville, for Sheldon Lewis Brackett, Imler Earthmovers, Inc., Joe Mobley & Sons, Inc., Alfred E. Page, d/b/a Page Trucking Company, R. Parker & Sons and Yelvington Distributors, Inc.; Elmer O. Friday, Jr. and Roberts, Watson, Taylor & Friday, Ft. Myers, for Romeo Zurla, respondents.

ROBERTS, Judge and HOBSON, Judge (Retired.)

Petitioners, who are certificated common carriers, seek a writ of mandamus directed to the Florida Railroad and Public Utilities Commission. They appear to be aggrieved because of certain orders entered by said Commission, which orders authorize some "For Hire" permittees to transport road building and construction aggregates which under "For Hire" permits they had been transporting prior to the enactment by the 1963 Legislature...

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