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WINN v. SIMMONS

No. 17004.

254 F.2d 819 (1958)

T. Davies WINN, Jr., Appellant, v. G. M. SIMMONS, As Clerk of the Circuit Court in and for Brevard County, Florida, Appellee.

United States Court of Appeals Fifth Circuit.

April 29, 1958.

Attorney(s) appearing for the Case

T. Davies Winn, Jr., Thomasville, Ga., in pro. per.

Russell Snow (of Snow & Campbell), Cocoa, Fla., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

PER CURIAM.

Plaintiff, a layman and a resident of Georgia, brought this suit against Simmons, as Clerk of the Circuit Court in and for Brevard County, Florida, and a resident of Florida, where service of summons was made on him for an order requiring the defendant "to immediately and forthwith perform his ministerial duty" by filing certain papers which plaintiff had sent to him.

Appearing by motion to dismiss for want of jurisdiction, defendant, among other...

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