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ZARATE v. STATE DEPT. OF HEALTH & REHABILITATIVE SERV.

No. 70-380-Civ-CF.

347 F.Supp. 1004 (1971)

Antonio ZARATE, individually and on behalf of all other persons similarly situated and Bernard B. Goldberg as Administrator of the estate of Hedvije Nikolits, Plaintiffs, and Herman Sheydwasser and Pola Sheydwasser, applicants for Intervention as Plaintiffs individually and on behalf of all others similarly situated v. The STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES' and James Bax, individually and as Secretary of the State Department of Health and Rehabilitative Services, Defendants.

United States District Court, S. D. Florida.

December 15, 1971.

Attorney(s) appearing for the Case

Alfred Feinberg, Legal Services of Greater Miami, Inc., Miami, Fla., for plaintiffs.

James G. Mahorner, General Counsel, Tallahassee, Fla., S. Strom Maxwell, Asst. Atty. Gen. for the State of Florida, for Department of Health & Rehabilitative Services.

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

ORDER

PER CURIAM.

This cause came before the Court upon motions for summary judgment made by both the plaintiff and the defendant and upon Herman and Pola Sheydwasser's motion to intervene as party plaintiffs and as representatives of a class not yet constituted.

This action was brought pursuant to 42 U.S.C. §§ 1981, 1983 and 2000d. The plaintiff seeks to enjoin the enforcement of Florida Statutes § 409.205(2), F.S.A., Florida's Old...

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