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STATE EX REL. SCH. BD. OF MARTIN CTY. v. DEPT. OF ED.

No. 47475.

317 So.2d 68 (1975)

The STATE of Florida, in the Relation of the SCHOOL BOARD OF MARTIN COUNTY, Florida, Relator, v. The DEPARTMENT OF EDUCATION, State of Florida, a State Agency, and Gerald Lewis, Comptroller, State of Florida, Respondents.

Supreme Court of Florida.

Rehearing Denied September 10, 1975.

Attorney(s) appearing for the Case

James Elliott Messer and Robert M. Rhodes, Thompson, Wadsworth & Messer, Tallahassee, for relator.

Robert L. Shevin, Atty. Gen., and Larry Levy, Asst. Atty. Gen., for Dept. of Ed., and Howard Horowitz, Gen. Counsel, Miami, and William B. Corbett, Jr., Asst. Gen. Counsel, Tallahassee, for Gerald A. Lewis, respondents.

SUNDBERG, Justice.

The jurisdiction of this Court was properly invoked under Art. V, § 3(b)(5), Florida Constitution, and Rule 4.5, subd. b.(1), Florida Appellate Rules, for issuance of an alternative writ of mandamus directed to the respondents. Although several constitutional attacks have been made upon the position of the relator by the respondents, we deem the question raised in these proceedings, simply stated, to be: Has the Department of Education misconstrued...

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