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RICHARD W. ERVIN, ATTORNEY GENERAL OF THE STATE OF FLORIDA, AND MERCER P. SPEAR AS STATE ATTORNEY OF THE FOURTEENTH JUDICIAL CIRCUIT OF FLORIDA, APPELLANTS, v. WALLACE B. FINLAY, AS AN ELECTOR OF THE STATE OF FLORIDA AND AS OWNER AND PUBLISHER OF THE COUNTY RECORD, A LEGAL NEWSPAPER OF BLOUNTSTOWN, FLORIDA, APPELLEE.

PER CURIAM.

This case is reversed upon the authority of the opinion this day filed in the case of Smith v. Ervin, Fla., 64 So.2d 166.

TERRELL, THOMAS, SEBRING and HOBSON, JJ., concur.

ROBERTS, C.J., and MATHEWS, J., dissent.

DREW, J., not participating.

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ERVIN v. FINLAY
(Mar 17, 1953)