WITHLACOOCHEE RIVER ELECTRIC COOPERATIVE, INC., A NONPROFIT FLORIDA CORPORATION, APPELLANT,
v.
TAMPA ELECTRIC COMPANY, A FLORIDA CORPORATION, APPELLEE

Fla. 2d DCA | 1959-09-30
No. 1149
ALLEN, Chief Judge, and SPIANNON, J., concur., MURPHREE, JOHN A. H., Associate Judge, dissents.
115 So. 2d 17 Florida District Court of Appeal, Second District (1959) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Reversed on the authority of Withlacoochee River Electric Cooperative, Inc. v. Tampa Electric Company, Fla.App.1959, 115 So.2d 9, filed this date, with instructions to enter an order dissolving the temporary restraining order and dismissing the .complaint.

ALLEN, Chief Judge, and SPIANNON, J., concur.

MURPHREE, JOHN A. H., Associate Judge, dissents.


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  • …f “public utility” contained in Chapter 366 and is not subject to the provisions of that chapter. In this case, as in another that we have before us (Withlacoochee River Electric Cooperative, Inc. v. Tampa Electric Company, Case No. 1149, Fla.App., 115 So. 2d 17), Tampa Electric Company, hereinafter referred to as “Tampa Electric”, obtained a temporary restraining order enjoining the Withlacoochee River Electric Cooperative, Inc., hereinafter referred to as “With-lacoochee”, from furnishing electric energy…

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