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KIMBALL v. MANN

No. 55901.

384 So.2d 1250 (1980)

James T. KIMBALL, Etc., et al., Petitioners, v. Robert T. MANN et al., Respondents.

Supreme Court of Florida.

Rehearing Denied July 21, 1980.

Attorney(s) appearing for the Case

James T. Kimball, in pro. per.

Richard M. Davis and J.B. Curasi of Curasi & Davis, Tallahassee, for Lindo's Tours U.S.A., Inc. and Central Florida Bus Lines, Inc.

John P. Bond of Bond & Woitesek, Miami, for A 1 Bus Lines, Inc. and Airocar, Inc.

Prentice P. Pruitt and M. Robert Christ, Tallahassee, for Robert T. Mann.

John H. Wilbur and James F. Valenti, Jr. of Milam & Wilbur, Jacksonville, for Greyhound Lines, Inc.

Gregory A. Presnell and Robert B. Nadeau, Jr. of Akerman, Senterfitt & Eidson, Orlando, for Tamiami Trial Tours, Inc. d/b/a Trialways, Florida Limousine Service, Inc. d/b/a Florida Tour & Limo.

Ansley Watson, Jr. of Macfarlane, Ferguson, Allison & Kelly, Tampa, for Gulf Coast Motor Line, Inc.

Robert A. Ginsburg, County Atty., and James G. Roth, Asst. County Atty., Miami, for Dade County.

Phillip Schiff of Dubbin, Schiff, Berkman & Dubbin, Miami, for Red Top Sedan Service, Inc.

John A. Sutton, Orlando, and Richard B. Austin, Miami, for amicus curiae.

BOYD, Justice.

Petitioners seek review of a Public Service Commission order denying their applications for certificates of registration as interstate commerce carriers under section 323.28, Florida Statutes (1977). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Petitioners wanted to extend their motor vehicle transportation services to arriving or embarking airline passengers. Believing their services would constitute interstate commerce, they applied...

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