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BURNS v. ROZEN

No. I-313.

201 So.2d 629 (1967)

Haydon BURNS, Governor of the State of Florida, Tom Adams, Secretary of State, Earl Faircloth, Attorney General, Bud Dickinson, Comptroller, Broward Williams, Treasurer, Floyd Christian, Supervisor of Public Instruction, and Doyle Conner, Commissioner of Agriculture, As and Constituting the State Board of Conservation of the State of Florida, and Randolph Hodges, As Director of the Board of Conservation of the State of Florida, Appellants, v. Jack R. ROZEN and L.S. Kenny, d/b/a Pinellas Seafood, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida. First District.

Rehearing Denied September 5, 1967.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., Robert A. Chastain, Asst. Atty. Gen., and Philip S. Bennett, Dept. Atty. for Board of Conservation, for appellants.

Ervin, Pennington, Varn & Jacobs, Tallahassee, for appellees.

JOHNSON, Judge.

A complaint seeking a declaratory decree of appellees' rights under Section 370.08 (3), Florida Statutes, F.S.A., was filed by the appellees in the Circuit Court of Leon County, Florida. The appellees sought a declaration that the above mentioned statute prohibited the taking of food fish with a purse seine, purse gill net or other net using rings or other devices on the lead line thereof, from the territorial waters of the State of Florida and had...

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