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SOUTH FLORIDA FREIGHTWAYS, INC. v. MAYO

No. 39283.

238 So.2d 70 (1970)

SOUTH FLORIDA FREIGHTWAYS, INC., Petitioner, v. William T. MAYO, Jerry W. Carter and Jess Yarborough, As Members of and Constituting the Florida Public Service Commission, Respondents, Smalley Investments, Inc., D/B/a Smalley Transportation Company, Intervening Respondent.

Supreme Court of Florida.

July 8, 1970.

Attorney(s) appearing for the Case

Dan R. Schwartz, of Schwartz, Proctor, Bolinger & Cain, Jacksonville, for petitioner.

Lewis W. Petteway, and Donald R. Alexander, Tallahassee, for Florida Public Service Commission.

John M. Allison, of Macfarlane, Ferguson, Allison & Kelly, Tampa, for intervener Smalley Investments, Inc.

CARLTON, Justice.

Through Order No. 8565 and Order No. 8681, the Florida Public Service Commission has authorized respondent Smalley Investments, Inc., d/b/a Smalley Transportation Company to engage in the transportation of general commodities throughout the Greater Tampa Bay area. Petitioner, a transporter of commodities within part of this area, and an unsuccessful protestant below, seeks review of these Orders. We find them to be valid.

In 1968 respondent...

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