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STATE, DEPT. OF POL. CONT. v. INTERNATIONAL PAPER CO.

No. 45679.

329 So.2d 5 (1976)

STATE of Florida DEPARTMENT OF POLLUTION CONTROL, Appellant, v. INTERNATIONAL PAPER COMPANY, a New York Corporation Authorized to Do Business in the State of Florida, Appellee.

Supreme Court of Florida.

February 26, 1976.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and James R. Brindell, Asst. Atty. Gen., for appellant.

Lynn C. Higby and Richard Smoak, Isler, Highby & Brown, Panama City, for appellee.

OVERTON, Justice.

This is an appeal from a circuit court decision holding Section 403.141(3), Florida Statutes (1973), unconstitutional. We have jurisdiction.1

This cause concerns a fish kill in St. Andrews Bay and the proper method for the State to effect the collection of damages.

Appellee, International Paper Company, owns and operates a paper processing plant adjacent to St. Andrews Bay near Panama City. A fish kill...

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