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BANKS v. BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY

Nos. 70-197-Civ-TC, 70-241-Civ-TC, 70-248-Civ-TC.

314 F.Supp. 285 (1970)

Andrew Robert BANKS, Plaintiff, v. BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, a body corporate, Defendant. Robin MOBLEY, by her mother and next friend, Francine Mobley, etc., Plaintiff, v. G. Holmes BRADDOCK, Chairman of the Board of Public Instruction, Dade County, Florida, et al., Defendants. Michael HILL, by his father and next friend, Richard Hill, Plaintiff, v. The BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, FLORIDA, etc., et al., Defendants.

United States District Court, S. D. Florida.

June 26, 1970.

Attorney(s) appearing for the Case

Beverly Gurevitz, Miami, Fla., for plaintiff Banks.

C. Michael Abbott and Bruce S. Rogow, Miami, Fla., for plaintiff Mobley.

Tobias Simon, Miami, Fla., for plaintiff Hill.

George C. Bolles, and Robert A. Ware, Bolles, Goodwin, Ryskamp & Ware, Miami, Fla., for defendants.

Before SIMPSON, Circuit Judge, and MEHRTENS and CABOT, District Judges.

MEMORANDUM OPINION AND FINAL JUDGMENT

CABOT, District Judge:

Final hearing in these consolidated cases was held on May 25, 1970, before the three-judge court convened pursuant to the provisions of 28 U.S.C. §§ 2281 and 2284. The cases all involve the common question of the facial constitutionality of Florida Statute 232.26, F.S.A.,1 which provides for suspension of public school children for misbehavior. They also present...

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