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VIRGILIO v. STATE ROAD DEPARTMENT

No. 37054.

211 So.2d 556 (1968)

Phillip Di VIRGILIO and Minnie Di Virgilio, His Wife, Petitioners, v. STATE ROAD DEPARTMENT of Florida, an Agency of the State of Florida, and Osceola County, a Political Subdivision of the State of Florida, Respondents.

Supreme Court of Florida.

Rehearing Denied July 18, 1968.

Attorney(s) appearing for the Case

Thacker & Thacker, Kissimmee, for petitioners.

Bryan W. Henry, Resident Atty., P.A. Pacyna and Louis S. St. Laurent, Tallahassee, for respondents.

PER CURIAM.

The petition for writ of certiorari reflected probable jurisdiction in this Court. After argument and upon further consideration, we have determined the writ was improvidently issued. The writ must be and is discharged and the petition is dismissed.

The petition for allowance of attorney's fees is also denied. See Florida Statutes § 73.131(2), 1967, F.S.A.

It is so ordered.

CALDWELL, C.J., and DREW, THORNAL, ERVIN and ADAMS...

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