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GORDON v. LEATHERMAN

Civ. No. 71-62.

325 F.Supp. 494 (1971)

Alex GORDON, individually and as a County Commissioner of Dade County, Florida, Plaintiff, v. E. B. LEATHERMAN, as Clerk of the Circuit Court of the Eleventh Judicial Circuit of Florida, Defendant, Clark Merrill, Intervenor.

United States District Court, S. D. Florida, Miami Division.

March 23, 1971.

Attorney(s) appearing for the Case

Tobias Simon and Beverly Gurevitz, Miami, Fla., for plaintiff.

Ward & Ward, Miami, Fla., for defendant.

James J. McVeigh, Miami, Fla., Robert M. Brake, Coral Gables, Fla., and Daniel P. S. Paul, Miami, Fla., for intervenor.

MEMORANDUM OPINION

ATKINS, District Judge.

Once again this Court is asked to step into a state procedural process to protect asserted federal constitutional claims. This incursion is made with reluctance but under the teaching of Zwickler1 and its progeny it is clearly indicated.

Plaintiff, an elected member of the Dade County (Florida) Board of County Commissioners...

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