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STATE DEPT. OF TRANSP. v. FLORIDA EAST COAST RY. CO.

No. 68-1051.

230 So.2d 726 (1970)

STATE of Florida DEPARTMENT OF TRANSPORTATION, Appellant, v. FLORIDA EAST COAST RAILWAY COMPANY, Etc., Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 20, 1970.

Attorney(s) appearing for the Case

Thomas C. Britton, County Atty., and Joan O'Dell, Asst. County Atty., Ferrell & Wetherington, Miami, for appellant.

Shutts & Bowen and Thomas H. Anderson, Miami, for appellee.

Before PEARSON, C.J., and HENDRY and SWANN, JJ.

SWANN, Judge.

Originally the State Road Department of Florida appealed from the summary final decree for the plaintiff, Florida East Coast Railway Company. The State of Florida Department of Transportation has been appropriately substituted for the former Road Department as appellant in this cause.

This court heard oral argument on the appeal on April 30, 1969, and was of the opinion that constitutional questions were involved. Accordingly, the appeal was...

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