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GENERAL MILLS, INC. v. McGRIFF

No. 36583.

212 So.2d 7 (1968)

GENERAL MILLS, INC., a Delaware Corporation, Petitioner, v. Emmett McGRIFF and Verna Lou McGriff, Wife, Individually and As Co-Partners Doing Business As Echo Lake Farm, Respondents.

Supreme Court of Florida.

Rehearing Denied July 22, 1968.

Attorney(s) appearing for the Case

James E. Clayton of Clayton, Arnow, Duncan, Johnston, Clayton & Quincey, Gainesville, for petitioner.

Smith, Elliot, Schwalbe, Spraker & Nichols, Jacksonville, for respondent.

PER CURIAM.

Inasmuch as there is no utterance by the District Court of Appeal which can be considered to conflict with any expression of this Court or any District Court of Appeal on the subject, we now decide that the writ of certiorari was improvidently issued, so it is discharged.

THOMAS, THORNAL, ERVIN and ADAMS, JJ., concur.

DREW, J., agrees only to discharge of writ.

CALDWELL, C.J., and ROBERTS, J., dissent.

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