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FAIRCLOTH v. MR. BOSTON DISTILLER CORP.

Nos. 39980, 40119.

245 So.2d 240 (1970)

Earl FAIRCLOTH, As Attorney General, Rodger P. Doyle, C.C. Harrison, Jr., Eugene Toll, Charles Rex, Jr., and Thomas B. Wood, As and Constituting the Board of Business Regulation, State of Florida Department of Business Regulation, Etc., Old Florida Rum Company, Etc. and Jacquin-Florida Distilling Company, Etc., Appellants, v. MR. BOSTON DISTILLER CORP. and Hartley & Parker, Inc., Appellees. OLD FLORIDA RUM COMPANY, Appellant, v. MR. BOSTON DISTILLER CORP., Hartley & Parker, Inc., Rodger P. Doyle, C.C. Harrison, Jr., and Thomas B. Wood, As and Constituting the Board of Business Regulation, State of Florida Department of Business Regulation, an Agency of the State of Florida and Jacquin-Florida Distillery Company, a Corporation, Appellees.

Supreme Court of Florida.

Rehearing Denied December 14, 1970.

Attorney(s) appearing for the Case

Wilbur E. Brewton, Jesse Warren, Jr., Earl Faircloth, Atty. Gen., and T.T. Turnbull, Tallahassee, for Bd. of Business Regulation, State of Fla., Dept. of Business Regulation, etc.

L. Grant Peeples, L. Ralph Smith, Jr., and Edgar M. Moore, Peeples, Smith & Moore, Tallahassee, for Old Florida Rum Co.

Julius F. Parker, Jr., Parker, Foster & Madigan, Tallahassee, for Jacquin Florida Distilling Co., Inc.

Robert M. Ervin, Wilfred C. Varn and Joseph C. Jacobs, Ervin, Pennington, Varn & Jacobs, Tallahassee, for appellees.

ROBERTS, Acting Chief Justice.

These are direct appeals, pursuant to Fla. Const. art. V, § 4(2), F.S.A., from certain orders of the circuit court in and for Leon County and from a summary judgment entered by said court directly passing upon the validity of Chapter 70-225, Laws of Florida, which amended portions of Chapter 561, Florida Statutes, F.S.A. The Summary Judgment appears as follows:

"On motion for summary judgment the real issues between the...

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