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FLA. CITRUS PROCESSORS ASSOC. v. JESSE J. PARRISH, INC.

Nos. 81-2232, 81-2333.

415 So.2d 1299 (1982)

FLORIDA CITRUS PROCESSORS ASSOCIATION, Plymouth Citrus Products Corporation, Golden Gem Growers, Inc., and Lykes Pasco Packing Co., Appellants, v. JESSE J. PARRISH, INC., a Florida Corporation, Berry Citrus Products, Inc., a Florida Corporation, B.A. Egan, Marvin Kahn, George Trogden, John Curtis, and State of Florida, Department of Citrus, Appellees. STATE of Florida, DEPARTMENT OF CITRUS, Appellant, v. JESSE J. PARRISH, INC., a Florida Corporation, Berry Citrus Products, Inc., a Florida Corporation, B.A. Egan, Marvin Kahn, George Trogden, John Curtis, and Florida Citrus Processors Association, Plymouth Citrus Products Corporation, Golden Gem Growers, Inc., and Lykes Pasco Packing Co., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 28, 1982.

Attorney(s) appearing for the Case

Roderick K. Shaw, Jr., Edward O. Savitz and William S. Josey of Allen, Dell, Frank & Trinkle, Tampa, for appellants, Fla. Citrus Processors Ass'n, Plymouth Citrus Products Corp. and Golden Gem Growers, Inc.

Charles Evans Davis and Tompkins A. Foster of Fishback, Davis, Dominick & Bennett, Orlando, for appellees Jesse J. Parrish, Inc., Berry Citrus Products, Inc., B.A. Egan, Marvin Kahn, George Trogden and John Curtis.

J. Hardin Peterson, Jr. of Peterson, Myers, Craig, Crews, Brandon & Mann, Lakeland, for appellant State of Fla., Dept. of Citrus.

David C.G. Kerr and John A. Curtiss of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellant Lykes Pasco Packing Co.

DANAHY, Judge.

A group of citrus growers and processors (the petitioners) challenged the validity of rule amendments adopted by the Department of Citrus (the DOC) setting the minimum degrees of Brix (percent by weight of soluble solids) required in frozen concentrated orange juice. Another group of citrus growers and processors (the intervenors) joined with the DOC in defending the amendments. A Department of Administration hearing officer determined that the rule...

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