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BILL KELLEY CHEVROLET, INC. v. CALVIN

No. U-145.

322 So.2d 50 (1975)

BILL KELLEY CHEVROLET, INC., et al., Petitioners, v. John D. CALVIN, Etc., et al., Respondents.

District Court of Appeal of Florida, First District.

Rehearing Denied December 5, 1975.

Attorney(s) appearing for the Case

S. William Fuller, Jr., of Quinton, Leib & Lummus, Miami, for petitioners.

Charles Knott, Tallahassee, Herman Grayson, Miami Beach, and Joseph C. Jacobs, of Ervin, Varn, Jacobs & Odom, Tallahassee, for respondents.

J. Robert McClure, Jr., of McClure & Wigginton, Tallahassee, for amicus curiae.

SMITH, Judge.

Four licensed Chevrolet dealers have petitioned for review of an order entered by the Director of the Division of Motor Vehicles licensing Marshall Berwick as a franchised Chevrolet dealer in Hollywood. Sec. 120.68, F.S. 1973. Petitioners urge that the Director granted the license in violation of § 320.642, F.S. 1973, providing:

"The department shall deny an application for a motor vehicle dealer license in any community or territory where...

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