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ST. REGIS PAPER COMPANY v. STATE

No. M-441.

237 So.2d 797 (1970)

ST. REGIS PAPER COMPANY, a Corporation Authorized to Do Business in the State of Florida, Appellant, v. STATE of Florida, Acting by and through the Florida Air and Water Pollution Control Commission, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 18, 1970.

Attorney(s) appearing for the Case

Kent, Durden & Kent, Jacksonville, for appellant.

Earl Faircloth, Atty. Gen., and Bjorne B. Andersen, Jr., Asst. Atty. Gen., for appellee.

RAWLS, Judge.

By this interlocutory appeal, St. Regis Paper Company presents the following point, viz.: Does the 1967 Florida Air and Water Pollution Control Act require the Commission established therein to exercise its primary jurisdiction, give notice of an alleged violation or fulfill any administrative duties as a condition precedent to the institution of an action for civil penalties under the provisions of Section 403.161, Florida Statutes, 1967, F.S.A.?

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