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EITEL v. FAIRCLOTH

Nos. 69-1463-Civ., 69-1486-Civ.

311 F.Supp. 1160 (1970)

Thomas E. EITEL and Clyde L. Thompson, Plaintiffs, v. Earl FAIRCLOTH, Attorney General of the State of Florida, Marvin U. Mounts, Jr., County Solicitor of Palm Beach County, Florida, Wm. Heidtman, Sheriff of Palm Beach County, Florida, H. N. Kirkman, Executive Director, Dept. of Safety and Motor Vehicles, Donald Kohl, Chief Judge, Small Claims-Magistrate Court of Palm Beach County, and all members of the Classes of Public Officials represented by Defendants, Defendants. Lloyd MILLER, Plaintiff, v. Earl FAIRCLOTH, Attorney General of the State of Florida, James W. Kehoe, Circuit Judge of the 11th Judicial Circuit in and for Dade County, Florida, Mattie Belle Davis, Judge of the Metropolitan Court of Dade County, Florida, Richard E. Gerstein, State Attorney of Dade County, Florida, Porter Homer as County Manager of Metropolitan Dade County, Florida, and E. Wilson Purdy, Sheriff of Dade County, Florida, Defendants.

United States District Court, S. D. Florida.

March 16, 1970.

Attorney(s) appearing for the Case

Joseph C. Valantiejus, Lake Park, Fla., Robert M. Brake, Coral Gables, Fla., John M. Callaway, Lake Worth, Fla., for plaintiffs.

Earl Faircloth, Atty. Gen., T. T. Turnbull, Chief Trial Counsel, Edwin E. Strickland, Asst. Atty. Gen., for Earl Faircloth.

Leo L. Foster, Parker, Foster & Madigan, Tallahassee, Fla., of counsel for Dept. of Safety and Motor Vehicles.

Deschler, Reed, Mowry & Poulton, Boca Raton, Fla., for defendant William Heidtman, Sheriff of Palm Beach County.

Thomas L. Brown, for Marvin U. Mounts, Jr.

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

ORDER

PER CURIAM.

The above styled cases were consolidated for hearing on the merits before the Three-Judge District Court because of the similarity of the issues presented. Each case, however, has its own genesis and for purposes of clarity, will be discussed separately.

Eitel and Thompson vs. Faircloth

The plaintiffs, Thomas E. Eitel and Clyde L. Thompson, are motorcycle enthusiasts. They were arrested by Florida State law enforcement...

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