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BISCHOFF v. OSCEOLA COUNTY, FLA.

No. 99-2354.

222 F.3d 874 (2000)

Cheryl BISCHOFF, Vicky Stites, Plaintiffs-Appellants, v. OSCEOLA COUNTY, FLORIDA, a Political Subdivision of the State of Florida, Charles Croft, Sheriff, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 14, 2000.

Attorney(s) appearing for the Case

Stephen M. Crampton, Brian Fahling, Bryan J. Brown, American Family Association Law Center for Law and Policy, Tupelo, MS, Heidi Wolff Isenhart, Winter Park, FL, for Plaintiffs-Appellants.

Starla L. Hardin, Jo O. Thacker, Kissimmee, FL, Donald Andrew DeBevoise, Ian D. Forsythe, Bobo, Spicer, Ciotoli, Fulford, Bocchino, DeBevoise & Le Clainche, P.A., Orlando, FL, for Defendants-Appellees.

Before EDMONDSON and MARCUS, Circuit Judges, and HANCOCK, District Judge.

MARCUS, Circuit Judge:

In this appeal, we address whether a federal district court, having raised sua sponte a question about the Plaintiffs' standing, may dismiss a complaint determining that the Plaintiffs lack standing simply by making a credibility determination based on the contents of squarely conflicting affidavits without taking oral testimony at an evidentiary hearing.

Plaintiffs Cheryl Bischoff...

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