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ESTERO RIVER GROVES, INC. v. CONNER

No. 72-735.

269 So.2d 430 (1972)

ESTERO RIVER GROVES, INC., Petitioner, v. Doyle CONNER, As Commissioner of Agriculture of the State of Florida, Respondent.

District Court of Appeal of Florida, Second District.

November 17, 1972.

Attorney(s) appearing for the Case

Robert P. Murray, of Holland & Knight, Lakeland, for petitioner.

Robert A. Chastain, Gen. Counsel, and Leslie McLeod, Jr., Resident Counsel, State of Florida Dept. of Agriculture and Consumer Services, Tallahassee, for respondent.

Monterey Campbell, of Tomasello, Campbell & Dunlap, Bartow, for State of Florida, Dept. of Citrus, intervenor.

LILES, Acting Chief Judge.

The Florida Citrus Commission, pursuant to Fla. Stat. Ch. 601, F.S.A., enacted regulation 105-1.35 prohibiting, inter alia, the display in field boxes for sale, and the sale, of round oranges more than 10% of which are a size smaller than 2 8/16 inches in diameter.

Estero River Groves, Inc., a closed corporation owned by Clyde C. Marshall, was fined for violation of this regulation in that he sold undersized fruit on three...

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