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STATE, DEPT. OF TRANSP. v. PAN AM. CONST. CO.

No. CC-389.

338 So.2d 1291 (1976)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Petitioner, v. PAN AMERICAN CONSTRUCTION CO., Etc., et al., Respondents.

District Court of Appeal of Florida, First District.

October 18, 1976.

Attorney(s) appearing for the Case

George L. Waas, Tallahassee, for petitioner.

Francis L. Carter and William L. Gray, III, of Blackwell, Walker, Gray, Powers, Flick & Howell, Miami, for respondents.

BOYER, Chief Judge.

The Department of Transportation (DOT) seeks review by way of certiorari of a final order declaring Rule 14-76.03, FAC invalid.

The genesis of the controversy is found in a petition for fair hearing filed by Pan American Construction Company (Pan American) with the Division of Administrative Hearings challenging the validity of the asphalt price adjustment rules adopted by DOT pursuant to F.S. 337.143. After Pan American filed an amended...

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