F. DONALD WING AND THOMAS H. DALY, APPELLANTS,
v.
NORTON COMPANY, APPELLEE

Fla. 4th DCA | 1975-09-26
No. 75-359
CROSS and OWEN, JJ., concur., WALDEN, C. J., dissents with opinion.
319 So. 2d 98 Florida District Court of Appeal, Fourth District (1975)

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed.

CROSS and OWEN, JJ., concur.

WALDEN, C. J., dissents with opinion.

Dissent
WALDEN, Chief Judge

WALDEN, Chief Judge

(dissenting):

Under the facts of this case it is my opinion that Norton Company was involved with interstate and intrastate transactions so that the state is empowered to require Norton to qualify to do business. I would reverse upon authority of Eli Lilly and Company v. Sav-On-Drugs, Inc., 366 U.S. 276, 81 S.Ct. 1316, 6 L.Ed.2d 288 (1961).

I do, therefore, dissent.


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