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JACKSON v. DEPARTMENT OF PUBLIC WELFARE OF STATE OF FLA.

Civ. A. No. 68-568-CIV-EC.

296 F.Supp. 1341 (1968)

Clarence JACKSON et al., Plaintiffs, v. The DEPARTMENT OF PUBLIC WELFARE OF the STATE OF FLORIDA et al., Defendants.

United States District Court S. D. Florida.

November 25, 1968.

Attorney(s) appearing for the Case

Elizabeth du Fresne, Joseph C. Segor, Miami, Fla., David D. McFadyen, Delray Beach, Fla., Bruce S. Rogow, Alfred Feinberg, Economic Opportunity Legal Services Program, Miami, Fla., Henry A. Freedman, Howard Thorkeison, Columbia Center on Social Welfare Policy and Law, New York City, for plaintiffs.

S. Strome Maxwell, State Dept. of Public Welfare, Jacksonville, Fla., Eugene Edward Durrance, State Bd. of Public Welfare, Jacksonville, Fla., for defendants.

Before JOHN R. BROWN, Chief Judge, United States Court of Appeals for the Fifth Circuit.

JOHN R. BROWN, Chief Judge.

The Plaintiffs formally requested Judge Choate, before whom this proceeding was pending, to certify the case to the Chief Judge of the Circuit to convene a 3-Judge District Court pursuant to 28 U.S.C.A. §§ 2281, 2284. Judge Choate declined to do so "on the basis that no substantial constitutional question is involved." Thereafter the Plaintiffs in Misc. 1071 sought mandamus from the Fifth Circuit to compel Judge Choate to certify...

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