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BRANIFF INTERN., INC. v. FLORIDA PUBLIC SERV. COM'N

No. 76-3791.

576 F.2d 1100 (1978)

BRANIFF INTERNATIONAL, INC., et al., Plaintiffs-Appellants, v. FLORIDA PUBLIC SERVICE COMMISSION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 14, 1978.

Attorney(s) appearing for the Case

John W. Costigan, John A. Madigan, Jr., Tallahassee, Fla., W. A. Nelson, Washington, D. C., William B. Killian, Miami, Fla., for plaintiffs-appellants.

Prentice P. Pruitt, J. B. Curasi, Joseph A. McGlothlin, Tallahassee, Fla., for defendants-appellees.

Before TUTTLE, GEE and FAY, Circuit Judges.

TUTTLE, Circuit Judge:

The case on appeal presents a question of first impression in this Circuit: the extent to which the Supreme Court's decision in Public Service Comm'n of Utah v. Wycoff Co., 344 U.S. 237, 73 S.Ct. 236, 97 L.Ed. 291 (1952), circumscribes the power of a federal district court to entertain a constitutional challenge to a state statute. The district court, relying primarily upon dictum in Wycoff, concluded...

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