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CANAL AUTHORITY v. MILLER

No. 39468.

243 So.2d 131 (1970)

The CANAL AUTHORITY of the State of Florida, a Body Corporate under the Laws of the State of Florida, Petitioner, v. J.T. MILLER, Jr., et al., Respondents. The CANAL AUTHORITY of the State of Florida, a Body Corporate under the Laws of the State of Florida, Petitioner, v. C.S. HAYMAN et al., Respondents.

Supreme Court of Florida.

December 16, 1970.

Attorney(s) appearing for the Case

Ralph E. Elliott, Jr., and Frank C. Decker, of Decker, Elliott & Kaler, Jacksonville, for petitioner.

J. Robert McClure, Jr., of McClure, Wigginton, McClure & Culpepper, Tallahassee and Joe C. Miller II, and Peter T. Miller, of Dowda, Miller, Hedstrom & Fields, Palatka, for respondents.

Myron G. Gibbons, of Gibbons, Tucker, McEwen, Smith, Cofer & Taub, Tampa, for Southwest Florida Water Management Dist.

Howard Hadley, General Counsel and Geoffrey B. Dobson, Asst. Atty., for State of Florida Department of Transportation.

Shiro Kashiwa, Asst. Atty. Gen., S. Billingsley Hill, and Robert S. Lynch, Washington D.C., for the United States, amici curiae.

PER CURIAM.

This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, First District, 230 So.2d 193 (1970).

Petitioner, the Canal Authority of the State of Florida, was created under Fla. Stat. § 374 and is the sponsor for the federally constructed project known as the Cross Florida Barge Canal. As such, petitioner is vested with the power of eminent

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