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HOBBY v. SOUTHERN BELL TELEPHONE AND TELEGRAPH CO.

No. 1837.

217 So.2d 123 (1969)

J.L. HOBBY, As Sheriff of Seminole County, Florida, Plaintiff, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, a New York Corporation Authorized to Do Business in the State of Florida, Defendant.

District Court of Appeal of Florida. Fourth District.

January 7, 1969.

Attorney(s) appearing for the Case

Frank A. Taylor, Orlando, for plaintiff.

Fletcher G. Rush and Charles V. Marshall, of Rush, Marshall, Warriner & Bergstrom, Orlando, for defendant.

ON PETITION FOR REHEARING

PER CURIAM.

The opinion filed June 26, 1968, wherein we rejected the certified question, is now withdrawn and the following is made the opinion of the court.

The following question has been certified to this court under F.A.R. 4.6, 32 F.S.A.:

"Does Section 317.041(5), Florida Statutes, 1965, apply to the operation by a deputy sheriff of an `authorized emergency vehicle' as that term in defined in Section 317.011...

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