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KIRK v. FOSSEY

No. N-93.

246 So.2d 123 (1970)

Claude R. KIRK, Jr., As Governor of Florida, Fred O. Dickinson, As Comptroller of Florida, Tom Adams, As Secretary of State of Florida, Broward Williams, As State Treasurer of Florida, Earl Faircloth, As Attorney General of Florida, Doyle Conner, As Commissioner of Agriculture of Florida, and Floyd Christian, As Superintendent of Public Instruction of Florida, As and Constituting the Trustees of the Internal Improvement Fund of the State of Florida, Appellants, v. Ralph A. FOSSEY et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied June 3, 1971.

Attorney(s) appearing for the Case

Ausley, Ausley, McMullen, McGehee & Carothers, Tallahassee, for appellants.

Joseph C. Jacobs and E.C. Deeno Kitchen, of Ervin, Pennington, Varn & Jacobs, Parker, Foster & Madigan, Tallahassee, and William C. Martin, Coral Gables, for appellees.

Stewart J. Carrouth, Asst. U.S. Atty., S. Billingsley Hill and John E. Lindskold, Attys., Dept. of Justice, and Richard J. Gardner, Quincy, amicus curiae.

PER CURIAM.

This cause involves an interlocutory appeal by the Trustees of the Internal Improvement Trust Fund from an order denying their motion to dismiss the modified complaint. After review of the trial judge's order, we have determined that there are justiciable issues to be resolved. Therefore, the interlocutory appeal is dismissed.

JOHNSON, C.J., and RAWLS and SPECTOR...

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