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D & W OIL COMPANY, INC. v. O'MALLEY

No. T-125.

293 So.2d 128 (1974)

D & W OIL COMPANY, INC., an Alabama Corporation Duly Authorized to Transact Business in the State of Florida, Appellant, v. Honorable Thomas D. O'MALLEY, As State Insurance Commissioner and Treasurer and As State Fire Marshal of the State of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 7, 1974.

Attorney(s) appearing for the Case

Roy T. Rhodes and Albert H. Stephens of Rhodes, Stephens, Bryant & Durrance, Tallahassee, for appellant.

O.L. Evans, Jr., Tallahassee, for appellee.

James L. Padgett, Orlando, of Davis, Asbury & Padgett, Joseph C. Jacobs of Ervin, Varn, Jacobs & Odom, Tallahassee, and William E. Sherman of Landis, Graham, Frency, Hussfeld, Sherman & Ford, Daytona Beach, as amicus curiae.

SPECTOR, Judge.

Appellant seeks reversal of a final judgment in a suit for declaratory judgment seeking a determination of the validity of an administrative rule promulgated and adopted by appellee as State Fire Marshall.

D & W Oil Company is a petroleum dealer. It operates a chain of gasoline stations in Florida and in several adjoining states. The stations in the other states are described as "self-service" gasoline stations where customers serve themselves...

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