
    Robert E. SMITH, d/b/a K & S Fuel Service, Appellant, v. CANAVERAL PORT AUTHORITY, a body politic and body corporate under the laws of the State of Florida, and a Florida State Agency or Commission, et al., Appellees.
    No. 76-226.
    District Court of Appeal of Florida, Fourth District.
    April 7, 1977.
    Rehearing Denied May 23, 1977.
    Andrew A. Graham and Charles Holcomb, Moss & Holcomb, Cocoa, for appellant.
    Edward M. Jackson, Cocoa, for appellees.
   PER CURIAM.

Affirmed upon the authority of Panama City v. Seven Seas Restaurant, Inc., 180 So.2d 190 (Fla. 1st DCA 1965), and Miami Beach Airline Service, Inc. v. Crandon, 159 Fla. 504, 32 So.2d 153, 155 (1947).

AFFIRMED.

CROSS, J., and JOANOS, JAMES E., Associate Judge, concur.

MAGER, C. J., dissents, with opinion.

MAGER, Judge,

dissenting:

The action of the appellee is contrary to and inconsistent with those general principles set forth by the Supreme Court in Barrow v. Holland, 125 So.2d 749 (Fla.1960), and accordingly the judgment under review should be reversed.  