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CLARK v. STETSON

No. 78-251-Civ-T-R.

463 F.Supp. 1197 (1979)

John C. CLARK, III, and Christopher T. Clark, minors, through their next friend, Gayla J. Bacon, Plaintiffs, v. John STETSON, Secretary of the Air Force, and John C. Clark, a Florida resident, Defendants.

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

January 17, 1979.

Attorney(s) appearing for the Case

Robert W. Pass and Keith F. Roberts, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A. and John W. McWhirter, Jr., Tampa, Fla., for plaintiffs.

Judy S. Rice, Asst. U. S. Atty., Tampa, Fla., for defendant Stetson.

Joseph G. Thresher, of Shackleford, Farrior, Stallings & Evans, P.A., Tampa, Fla., for defendant Clark.

MEMORANDUM OF DECISION

REED, District Judge.

The Defendants have each moved to dismiss the complaint filed herein urging that the court lacks subject matter jurisdiction.

The facts taken from the complaint are as follows. The Plaintiffs John C. Clark, III, and Christopher T. Clark, as well as their mother and next friend, Gayla J. Bacon, are residents of Lake Wales, Florida. The Defendant John C. Clark is a resident of Lake Wales, Florida, and the...

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