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MacQUEEN v. LAMBERT

Civ. No. 70-432.

348 F.Supp. 1334 (1972)

James MacQUEEN and Agnes E. MacQueen, his wife in behalf of themselves and all others similarly situated, Plaintiffs, v. George LAMBERT and Dorothy Lambert, his wife, Defendants.

United States District Court, M. D. Florida, Tampa Division.

September 28, 1972.

Attorney(s) appearing for the Case

Thomas H. Wiesenfeld, Tampa, Fla., for plaintiffs.

Jerry E. Oxner, Asst. Atty. Gen., Dept. of Legal Affairs, Robert L. Shevin, Atty. Gen., Jack M. Skelding, Jr., Madigan, Parker, Gatlin & Swedmark, Tallahassee, Fla., for defendants.

MEMORANDUM OPINION AND ORDER

KRENTZMAN, District Judge.

This is an action for declaratory and injunctive relief and damages brought pursuant to 42 U.S.C. § 1983. Jurisdiction is conferred on this Court by 28 U.S.C. § 1343(3). Plaintiffs challenge the constitutionality of Florida Statutes §§ 713.67, .68, and .69, F.S.A. (hereinafter Landlord Lien Law), which provide for self-executing possessory liens and prejudgment seizures of tenants...

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