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WILEY v. POMERANCE

No. 72-1011-Civ.

347 F.Supp. 188 (1972)

Michael WILEY et al., Plaintiffs, v. Rocky POMERANCE, Chief of Police of the City of Miami Beach, Florida, and Clifford O'Key, City Manager of the City of Miami Beach, Florida, Defendants.

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

August 17, 1972.

Attorney(s) appearing for the Case

Peter L. Nimkoff, ACLU Foundation of Florida, Bruce S. Rogow, Special Counsel, ACLU Foundation of Florida, and Steven Wisotsky, Legal Services of Greater Miami, Miami, Fla., for plaintiffs; William Crain and Gustin L. Reichbach, New York City, of counsel.

Joseph Wanick, City Atty. of Miami Beach, Miami Beach, for defendants.

ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGENT AND DISMISSING FOR LACK OF JURISDICTION

ATKINS, District Judge.

This clause is now before the Court on plaintiffs' motion for summary judgment or in the alternative to make the preliminary injunction permanent. For reasons hereinafter delineated, that motion is denied and the complaint is dismissed on the Court's own motion for lack of subject matter jurisdiction in accordance with F.R.Civ.P. 12(b)(1)...

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