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FOSTER v. GILBERT

Civ. No. 66-1381.

264 F.Supp. 209 (1967)

Theodore FOSTER, Petitioner, v. John GILBERT, Constable for Justice of Peace Court, First District, Dade County, Florida, Richard Gerstein, State Attorney for the Eleventh Judicial Circuit of Florida in and for Dade County, Florida, Eli Schutzer, individually and as Business Agent for Local Union 198, General Sales Drivers and Allied Employees, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, and Herman Oscar Gonzalez, Respondents.

United States District Court S. D. Florida.

January 6, 1967.

Attorney(s) appearing for the Case

Hilery F. Silverman and Joseph Perkins, Miami, Fla., for petitioner.

Lawrence I. Hollander, Miami Beach, Fla., for respondents Eli Schutzer and Herman Oscar Gonzalez.

Roy S. Wood, Asst. State Atty., Miami, Fla., for respondents John Gilbert as Constable and Richard E. Gerstein, State's Atty.

Rose Mary Filipowicz, Regional Atty., N. L. R. B., Region 12, and James L. Jeffers, Asst. Regional Atty., N. L. R. B., Region 12, Miami, Fla., for remaining respondents who were dismissed from the case.

ORDER GRANTING WRIT OF HABEAS CORPUS

MEHRTENS, District Judge.

Petitioner filed with this Court his application for a writ of habeas corpus. It is alleged that petitioner was arrested pursuant to an affidavit and warrant which identically charged that the petitioner did on July 19, 1966:

"Agree, conspire, combine or confederate with Joseph Foster and Beatrice Foster, to commit a misdemeanor, to-wit: to coerce and/or intimidate your affiant, an employee...

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