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SHIFFMAN v. ASKEW

Civ. Nos. 73-38, 71-401.

359 F.Supp. 1225 (1973)

Seymour B. SHIFFMAN, Plaintiff, v. Reuben O'Donovan ASKEW, Governor of the State of Florida, and Robert Shevin, Attorney General for the State of Florida, Defendants. Catherine L. MAKRES, Plaintiff, v. Reuben O'Donovan ASKEW, Governor of the State of Florida, and Robert Shevin, Attorney General for the State of Florida, Defendants.

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

June 1, 1973.

Attorney(s) appearing for the Case

Richard A. Bokor, Tampa, Fla., Larry H. Spalding, Sarasota, Fla., for plaintiffs.

Jerry E. Oxner, Asst. Atty. Gen., Tallahassee, Fla., Herbert T. Schwartz, of Schwatrz, Schwartz & Lo Pucki, Gainesville, Fla., for defendants.

MEMORANDUM OPINION

HODGES, District Judge.

Following the lead of recent decisions concerning statutory durational residency requirements, the Plaintiffs in these cases challenge the constitutionality of Florida Statute § 61.021 (1971), F.S.A. A provision familiar to all lawyers, that section dictates that in order to obtain a dissolution of marriage ". . . the party filing the proceeding must reside six months in the state before filing the petition...

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