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CHURCH OF SCIENTOLOGY OF CALIFORNIA v. CAZARES

Nos. 78-3100, 79-1840.

638 F.2d 1272 (1981)

CHURCH OF SCIENTOLOGY OF CALIFORNIA, Plaintiff-Appellant, v. Gabriel CAZARES, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 9, 1981.

Attorney(s) appearing for the Case

Clyde Wilson, Jr., Sarasota, Fla., Bruce S. Rogow, Miami, Fla., for plaintiff-appellant.

John T. Allen, Jr., Walter D. Logan, St. Petersburg, Fla., for defendant-appellee.

Before FAY, KRAVITCH and RANDALL, Circuit Judges.

KRAVITCH, Circuit Judge:

The Church of Scientology of California (the Church) appeals from the district court's entry of summary judgment in favor of, and subsequent award of attorneys' fees to, Gabriel Cazares, Mayor of the City of Clearwater, Florida at the time this action was commenced.

Count I of the Church's third amended complaint was brought under 42 U.S.C. § 19831 and contended that Cazares, under color of state law...

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