
    SUPER-TEST SERVICE STATIONS, INC., a Florida corporation, Appellant, v. Doyle CONNER, Commissioner of Agriculture, State of Florida, Appellee.
    No. 32940.
    Supreme Court of Florida.
    April 15, 1964.
    John R. Bush, of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellant.
    Wm. C. Pierce, Tampa, for appellee.
   PER CURIAM:

Affirmed under the authority of Mayo v. Texas Company, 1939, 137 Fla. 218, 188 So. 206.

DREW, C. J., and ROBERTS and CALDWELL, JJ., concur.

THORNAL and O’CONNELL, JJ., concur specially.

THOMAS, J., dissents.

THORNAL, Justice

(concurring specially) :

I concur because the question of jurisdiction is disposed of by Snedeker, et al. v. Vernmar, Ltd., et al., Fla., 151 So.2d 438. I dissented in Snedeker on the jurisdictional determination there. However, since the problem has now been authoritatively resolved by the Court it would seem that further insistence on my position would be of no avail. Hence my concurrence here.

O CONNELL, J., concurs.

THOMAS, Justice

(dissenting) :

I dissent because of my conviction that the issue is one which the District Court of Appeal is empowered to determine.  