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CARTER v. STATE ROAD DEPARTMENT

No. 34495.

189 So.2d 793 (1966)

Lillian G. CARTER, Defendant-Appellant, v. STATE ROAD DEPARTMENT, Petitioner-Appellee, and American Oil Company, Defendant-Appellee.

Supreme Court of Florida.

Rehearing Denied September 29, 1966.

Attorney(s) appearing for the Case

Jim H. Carter, Fort Lauderdale, for appellant.

P.A. Pacyna, Tallahassee, for State Road Department.

Herbert S. Sawyer and Peter C. Jones of Mershon, Sawyer, Johnston, Dunwody & Cole, Miami, for American Oil Co.

CALDWELL, Justice.

This appeal is here for disposition of the questions (1) whether, by reason of constitutional due process, lessee American Oil Company, appellee, in eminent domain brought by the State Road Department, appellee, is entitled to have its compensation fixed by the jury and (2) whether F.S. § 73.12 F.S.A.1 is constitutional.

The essential facts are appellant Carter was the owner and appellee American Oil Company...

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