
    The STATE of Florida on the relation of the BORDEN COMPANY, a New Jersey Corporation, doing business as Borden’s Dairy, Relator, v. E. Robert LANGLEY, A. J. Rusterholz, Q. I. Roberts and R. D. Saunders, as and constituting the Florida Milk Commission, an Agency of the State of Florida, Respondents.
    No. 34685.
    Supreme Court of Florida.
    March 16, 1966.
    J. A. McClain, Jr., of McClain, Thompson, Turbiville, White & Davis, Tampa, for petitioner.
    Mallory E. Horne, of Horne, Rhodes & Lamb, Tallahassee, for respondents.
   Revised Opinion

PER CURIAM.

This cause is here on the suggestion of the State of Florida, the Borden Company, a New Jersey corporation, relator, for a writ of prohibition to the Florida Milk Commission.

Because the petition and response filed herein pose a controversy which more appropriately should be adjudicated by a District Court of Appeal, we decline to assume jurisdiction.

The relator has invoked original as distinguished from our appellate jurisdiction and, consequently, we cannot transfer the cause.

The suggestion for prohibition is denied but without prejudice to the relator to proceed as it may be advised in the appropriate District Court of Appeal.

THORNAL, C. J., and THOMAS, ROBERTS, CALDWELL and ERVIN, JJ., concur.  