The courts have, of course, followed Walker. Grubbs v. Pennsylvania R.R. (6 Cir. 1970) 427 F.2d 138; Ferguson v. Seaboard Air Line R.R. (5 Cir. 1968) 400 F.2d 473; Belanger v. New York Cent. R.R. (6 Cir. 1967) 384 F.2d 35; Pacilio v. Pennsylvania R.R. (2 Cir. 1967) 381 F.2d 570; Cymny v. South Buffalo Ry. (1970) 62 Misc.2d 320, 308 N.Y.S.2d 709; Florida E. Coast Ry. v. Hill (Fla.D.C.A. 1970) 233 So.2d 845. The one case involving a discharge to which Public Law 89-456 was applicable followed Moore without an analysis of the new legislation even though the district court read that case as implying that a contrary result should be reached if Public Law 89-456 corrected the deficiencies in the Adjustment Board's operation.
There is no indication in the 1966 amendments to the Railway Labor Act, Pub. L. 89-456, 80 Stat. 208, effective June 20, 1966, of Congressional intent to foreclose an election of remedies. See Florida East Coast Ry. Co. v. Hill (Fla. App.), 233 So.2d 845. Defendant railroad asserts the rule that state substantive law relative to the questions of whether administrative remedies must first be exhausted governs is no longer applicable and that federal substantive law now governs and such law requires exhaustion before court action.
June 30, 1970. Certiorari denied. 233 So.2d 845. ERVIN, C.J., and ROBERTS, DREW, CARLTON and BOYD, JJ., concur.
Turning to the lessee's cross-appeal, we reject her contention that the trial court erred in awarding interest to the lessors on the sale price as of the time of her exercise of the option to purchase. As the expert testimony so clearly indicates, the true market value, whether encumbered or unencumbered by the lease, was capable of ascertainment by well-established standards of value, see Florida East Coast Railway Company v. Hill, 233 So.2d 845 (Fla. 3d DCA 1970), and although there may have been some differences in the appraisers' testimony the very agreement of the parties to accept the average of the appraisals, see n. 4, supra, is a telling acknowledgment that the standards of value are well accepted. Accordingly, the judgment under review is affirmed.
[Emphasis supplied.] See: Florida East Coast Railway Co. v. Hill, Fla.App. 1970, 233 So.2d 845; Springer v. Colburn, Fla. 1964, 162 So.2d 513; Heberle v. P.R.O. Liquidating Co., Fla.App. 1966, 186 So.2d 280; Schonfield v. City of Coral Gables, Fla.App. 1965, 174 So.2d 453. Therefore, for the reasons stated and upon the authority cited and discussed, certiorari is granted and the Florida Real Estate Commission's final order is quashed with instructions to enter a dismissal of the stated charges against petitioner.