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GIDEON v. TUSCBAY PROPERTIES, INC.

No. 19268.

314 F.2d 445 (1963)

Seymour GIDEON, E. J. Arnold, M. H. Howell, Charles W. Leighton, and Guy F. Boyd, as and constituting the Board of County Commissioners of Martin County, Florida, Appellants, v. TUSCBAY PROPERTIES, INC., and Falmouth Limited, Appellees.

United States Court of Appeals Fifth Circuit.

February 13, 1963.

Attorney(s) appearing for the Case

C. R. McDonald, Jr., E. O. Denison, Fort Pierce, Fla., Dean Tooker, Stuart, Fla., for appellants.

Harry W. Stewart, Jr., John S. Call, Jr., Kenneth I. Van der Hulse, J. Field Wardlaw, West Palm Beach, Fla., for appellees.

Before JONES and BELL, Circuit Judges, and ESTES, District Judge.

JONES, Circuit Judge.

The district court dismissed the appellants' third amended complaint for failure to state a claim upon which relief could be granted. The appellants, as members of the Board of County Commissioners of Martin County, Florida, originally brought an action in a Florida court seeking injunctive relief against the appellees, land owners in Martin County, Florida, to restrain such owners from obstructing what the appellants claim to be public roads...

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