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SMALL v. SUN OIL COMPANY

No. 37098.

222 So.2d 196 (1969)

Lucille SMALL, Tax Assessor of Hendry County; T.E. Hedges, Tax Collector of Hendry County; and Fred O. Dickinson, Comptroller of the State of Florida, Appellants, v. SUN OIL COMPANY, a Corporation, Appellee.

Supreme Court of Florida.

April 23, 1969.

Attorney(s) appearing for the Case

John M. Potter, Clewiston, for appellants.

Julian D. Clarkson, of Henderson, Franklin, Starnes & Holt, Fort Myers, for appellee.

Earl Faircloth, Atty. Gen., T.T. Turnbull and Fred M. Burns, Asst. Attys. Gen., for amicus curiae.

ROBERTS, Justice.

The appellants have appealed to this court from a judgment passing directly on the validity of a state statute, as authorized by Section 4(2), Article V, Florida Constitution, F.S.A.

The statute in question, Ch. 22784, Laws of Florida, Acts of 1945, as amended by Ch. 23883, Laws of Florida, Acts of 1947, was codified as Ch. 211, Florida Statutes, F.S.A. It levies an excise tax of five percent on...

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