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STATE DEPT. OF AGRI. & CONS. SERV., ETC. v. DENMARK

No. 77-1721.

366 So.2d 469 (1979)

STATE of Florida, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Division of Animal Industry, Appellant, v. Marjorie DENMARK, Ansel A. Wittenstein, Etc., et al., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 8, 1979.

Attorney(s) appearing for the Case

Robert A. Chastain, Dept. of Agriculture and Consumer Services, Tallahassee, for appellant.

Ellis Rubin, Law Offices of Ellis Rubin, Miami, for appellee.

Dan Chappell, Florida Thoroughbred Breeders' Ass'n, Miami, amicus curiae.

DAUKSCH, Judge.

The trial court enjoined the appellant from enforcing certain of its regulations against appellees and their horses. These regulations have to do with the detection, identification and quarantine of horses which show a positive reaction to the Coggins Test for Equine Infectious Anemia (EIA). This test is also known as the Agar Gel Immunodiffusion Blood Test (AGID) and its purpose is to determine whether the tested animal has EIA. The trial judge determined...

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