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DICKINSON v. STATE

No. 37751.

227 So.2d 36 (1969)

Fred O. DICKINSON, Jr., As Comptroller of the State of Florida, Appellant, v. The STATE of Florida ex rel. Claude B. Bryant, Donald G. Parmer, John T. Adkinson, James H. Adkinson, W.H. Abbott, and E.W. Petterson, Appellees.

Supreme Court of Florida.

Rehearing Denied October 27, 1969.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., T.T. Turnbull and Halley B. Lewis, Asst. Attys. Gen., V. Carrol Webb, Gen. Counsel, and Larry Levy, Asst. Counsel, Comptroller's Office, for appellant.

Thurston A. Shell, of Shell, Fleming, Davis & Menge, Pensacola, for appellees.

ADKINS, Justice.

This is an appeal from a final judgment of the Circuit Court in mandamus proceedings declaring Fla. Stat., § 559.39(2), F.S.A. (Fla. Cemetery Act) to be unconstitutional. Fla. Const., Art. V, § 4(2), F.S.A.

The appellant was the defendant in the lower court and the appellees were the plaintiffs.

As required by Fla. Stat., Ch. 559, F.S.A., plaintiffs filed with the defendant their...

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