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LAZARUS v. FAIRCLOTH

No. 68-1249-Civ.

301 F.Supp. 266 (1969)

Matthew B. LAZARUS, Plaintiff, v. Earl FAIRCLOTH, Attorney General of the State of Florida, Paul Denham, Acting Chief of Police of the City of Miami, Florida, and William Porter, Prosecuting Attorney, City of Miami Municipal Court, Defendants.

United States District Court S. D. Florida.

June 9, 1969.

Attorney(s) appearing for the Case

Elizabeth J. duFresne, Bruce S. Rogow and Alfred Feinberg, Economic Opportunity Legal Services Program, Inc., Phillip Hubbart, Metropolitan Dade County, Miami, Fla., for plaintiff.

Earl Faircloth, Atty. Gen., Edward D. Cowart and Jesse J. McCrary, Jr., Asst. Attys. Gen., Alan H. Rothstein, City Atty., and Charles K. Allan, Asst. City Atty., Miami, Fla., for defendants.

Before DYER, Circuit Judge, and ATKINS and CABOT, District Judges.

SUMMARY FINAL JUDGMENT

CABOT, District Judge:

Matthew Lazarus is a frequent winter visitor to Miami. While here he is "without reasonably continuous employment," and also tends to "misspend what he earns," at least in part. And, like the millions of other winter visitors here to enjoy our winter clime, he spends a good deal of his free time (that time when he is without reasonably continuous employment) merely...

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