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DUE v. TALLAHASSEE THEATRES, INC.

No. 21121.

333 F.2d 630 (1964)

Patricia Stephens DUE, John Due and Gloria Smith, Appellants, v. TALLAHASSEE THEATRES, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

June 26, 1964.

Attorney(s) appearing for the Case

Jerome J. Bornstein, Orlando, Fla., Murray A. Gordon, New York City, Herbert L. Heiken, Edwin Marger, Miami Beach, Fla., Tobias Simon, Howard W. Dixon and Irma Robbins Feder, Miami, Fla., for appellants.

Roy T. Rhodes, City Atty., Leo L. Foster, Wilfred C. Varn, Robert M. Ervin, Seymour H. Rowland of Parker, Foster & Madigan, Tallahassee, Fla., for appellee, W. P. Joyce, Sheriff.

Before TUTTLE, Chief Judge, BROWN, Circuit Judge, and BREWSTER, District Judge.

TUTTLE, Chief Judge:

This is an appeal from orders of the district court dismissing a civil rights complaint in its entirety as against the two theatre corporations and their managers, and as against city officials and the City of Tallahassee and as to the first three of five "claims" of the complaint against W. P. Joyce, Sheriff of Leon County, Florida, for failure to state a claim upon which relief can be granted, and from a summary judgment in favor of the Sheriff...

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