Legal Opinion · Concurrence

Withlacoochee River Electric Cooperative, Inc. v. Tampa Electric Co.

District Court of Appeal of Florida

Decided September 30, 1959No. 1002Published

1ConcurrenceAllen, Chief Judge

The majority opinion of the court cites the case of St. Joseph Telephone & Telegraph Co. v. Southeastern Telephone Co., 1941, 149 Fla. 14, 5 So.2d 55, 56, as a primary authority for reversing the lower court in this case.

The appellee herein astutely attempts to by-pass the impact of the decision of the Supreme Court of Florida in the St. Joseph Telephone case above cited, by alleging impending loss of profits of the appellee if the appellant is not restrained from competing with it in the Dade City trade territory. Appellee contends that infringement on its private right to do business is…

2Cases cited5 opinions

  1. Hitchcolk v. Mortgage Securities Corp.Supreme Court of Florida · 1928
  2. New Hartford Water Co. v. Village Water Co.Supreme Court of Connecticut · 1913
  3. St. Joseph Telephone & Telegraph Co. v. Southeastern Telephone Co.Supreme Court of Florida · 1941
  4. Northwestern Telephone Exchange Co. v. Twin City Telephone Co.Supreme Court of Minnesota · 1903
  5. East Florida Telephone Co. v. Seaboard Air Line Railway Co.Supreme Court of Florida · 1923

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