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STATE, DEPT. OF TRANSP. v. MAYO

No. 50484.

354 So.2d 359 (1977)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Petitioner, v. William T. MAYO, etc., Respondent.

Supreme Court of Florida.

Rehearing Denied February 21, 1978.

Attorney(s) appearing for the Case

Alan E. DeSerio and H. Reynolds Sampson, Gen. Counsel, Tallahassee, for petitioner.

Prentice P. Pruitt, Legal Director, and Norman H. Horton, Jr., Staff Counsel, Tallahassee, for respondent.

Bernard C. Pestcoe and James B. Curasi of Pestcoe & Payton, Miami, for Fla. Road Building and Const. Aggregates Hauling and Safety Conference, intervenor.

BOYD, Justice.

The Florida Department of Transportation has brought a petition for certiorari in this Court to have quashed Order No. 13072 of the Public Service Commission. We have jurisdiction. Article V, Section 3(b)(3), Florida Constitution. The issue in this case is whether the Public Service Commission may establish, through its power to regulate the safety of operations of motor carriers, a minimum rate schedule for motor carriers of road building and construction...

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