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BOGUE v. FAIRCLOTH

No. 70-501-Civ.-CF.

316 F.Supp. 486 (1970)

David L. BOGUE, Lloyd Miller, Lynn Ira Davis and James Joseph, Plaintiffs, v. Earl FAIRCLOTH, Atty. General of the State of Florida, Marvin U. Mounts, Jr., County Solicitor of Palm Beach County, Florida, William Heidtman, Sheriff of Palm Beach County, Florida, H. N. Kirkman, Executive Director, Dept. of Motor Vehicles and Safety, Donald Kohl, Chief Judge, Small-Claims-Magistrate Court, etc., Defendants.

United States District Court, S. D. Florida.

July 30, 1970.

Attorney(s) appearing for the Case

Robert M. Brake, Coral Gables, Fla., for plaintiffs.

Timothy P. Poulton, Boca Raton, Fla., for William Heidtman.

T. T. Turnbull, Tallahassee, Fla., for Earl Faircloth.

Thomas L. Brown, Lake Park, Fla., for Marvin U. Mounts, Jr.

Parker, Foster & Madigan, Tallahassee, Fla., for H. N. Kirkman and Donald Kohl, Chief Judge, Small Claims Magistrate Court.

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

MEMORANDUM OPINION

FULTON, District Judge.

BACKGROUND

Plaintiffs Bogue, Miller, Davis, and Joseph allege that they have been arrested or cited for violation of Florida Statute § 317.981, F.S.A., the Florida Motorcycle Helmet Law. The constitutionality of this statute has been challenged in the State courts, and the Florida Supreme Court has determined that this statute is a constitutional requirement imposed upon motorcyclists. State v. Eitel...

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