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STATE DEPT. OF HEALTH, ETC. v. BARR

No. JJ-199.

359 So.2d 503 (1978)

STATE of Florida DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Petitioner, v. Samuel BARR, M.D., Bessie Mae Scott, Individually and On Behalf of All Others Similarly Situated, Randall B. Whitney, M.D., Jacksonville Women's Health Organization, Inc., and Central Florida Women's Health Organization, Inc., Respondents.

District Court of Appeal of Florida, First District.

As Amended May 31, 1978.

Rehearing Denied June 29, 1978.

Attorney(s) appearing for the Case

George L. Waas and Charles T. Collette, Tallahassee, for petitioner.

Jerry G. Traynham of Patterson & Traynham, Tallahassee, for respondents.

SMITH, Acting Chief Judge.

The Department of Health and Rehabilitative Services petitions for review of intermediate agency action in the form of an order of a hearing officer of the Division of Administrative Hearings, Department of Administration, denying the Department's motion to dismiss respondents' rule-challenge petition pursuant to Section 120.56, Florida Statutes (1977). Respondents contend that the Department has issued a declaratory statement, Section 120...

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