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GOLDEN v. BISCAYNE BAY YACHT CLUB

No. 74-1349.

530 F.2d 16 (1976)

Harold S. GOLDEN and David Fincher, Plaintiffs-Appellees, v. BISCAYNE BAY YACHT CLUB et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 15, 1976.

Attorney(s) appearing for the Case

Henry Burnett, Miami, Fla., for defendants-appellants.

Maurice Rosen, North Miami Beach, Fla., Warren S. Schwartz, Miami, Fla., for plaintiffs-appellees.

Before BROWN, Chief Judge, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, MORGAN, CLARK, RONEY, GEE and TJOFLAT, Circuit Judges.

COLEMAN, Circuit Judge.

A city leased to a private yacht club the bay bottom land underlying club-constructed and club-maintained dock facilities connected to the club lands on shore. The club thus had exclusive use and control of the docks, a situation which had existed long before the lease was executed. The District Court held that the existence of the lease, and that alone, amounted to significant state involvement with the membership policies of the club, 42...

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