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GEORGE W. DAVIS & SONS, INC. v. ASKEW

Nos. AA-186 and AA-208.

343 So.2d 1329 (1977)

GEORGE W. DAVIS & SONS, INC., a Florida Corporation, Appellant (Plaintiff), v. Reubin O'D. ASKEW, Etc., et al., As and Constituting the Head of the Department of Revenue of the State of Florida, Appellees (Defendants).

District Court of Appeal of Florida, First District.

March 30, 1977.

Attorney(s) appearing for the Case

E.C. Deeno Kitchen and Brian S. Duffy, Ervin, Varn, Jacobs & Odom, Tallahassee, for appellants in AA-186, for appellees in AA-208.

Robert L. Shevin, Atty. Gen., and E. Wilson Crump, II, Asst. Atty. Gen., for appellees in AA-186, for appellants in AA-208.

Julian Bennett, Hilton, Bennett, Logue, Paulk & Burke, Panama City, for appellees in AA-208.

McCORD, Judge.

These are two consolidated appeals from the same final judgment. Each party is both appellant and appellee, but George W. Davis & Sons, Inc., (hereinafter sometimes called Davis) having filed notice of appeal first, will be treated as appellant and the Department of Revenue of the State of Florida (hereinafter sometimes called the Department) will be treated as appellee and cross-appellant.

The final judgment enjoined the Department (defendant...

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