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FAIN v. HALL

No. 77-85 Civ. T-K.

463 F.Supp. 661 (1979)

Ethel FAIN, as Personal Representative of the Estate of Harry Fain, also known as Harry M. Fain, Deceased, and Peter L. Malkin, Plaintiffs, v. Vincent T. HALL, as Judge of the Circuit Court of the State of Florida, Twelfth Judicial Circuit (Probate Division) in and for Sarasota County, Defendant.

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

January 3, 1979.

Attorney(s) appearing for the Case

Arnold J. Hoffman, and James A. Burnes, Wien, Lane & Malkin, Palm Beach, Fla. (Robert G. Desmond, Robert G. Smith and Robert Lee Hoskins III, New York City, of counsel), for plaintiffs.

Thomas A. Beenck, Asst. Atty. Gen., Dept. of Legal Affairs Civil Div., Tallahassee, Fla., for defendant.

MEMORANDUM OPINION

KRENTZMAN, District Judge.

This case considers the constitutionality vel non, of Florida Statutes 733.302 and 733.3041 which disqualify nonresidents from serving as personal representatives of decedents to whom they were not related.

Plaintiff, Ethel Fain, is the widow and personal representative of Harry Fain, deceased. Plaintiff, Peter L. Malkin, is a resident of Connecticut who is an attorney, a...

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