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MAYS v. KIRK

No. 26568.

414 F.2d 131 (1969)

John D. MAYS and Laura F. Mays, his wife, Plaintiffs-Appellees, v. Claude R. KIRK, Jr., as Governor, et al., Defendants-Appellants.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 20, 1969.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen. of Fla., J. Kenneth Ballinger, Asst. Atty. Gen., Tallahassee, Fla., for appellants.

John B. L'Engle, J. Turner Butler, Jacksonville, Fla., for appellees.

Before JOHN R. BROWN, Chief Judge, and GEWIN and GOLDBERG, Circuit Judges.

JOHN R. BROWN, Chief Judge:

This non-diversity action involves the title to certain land in St. John's County, Florida. Because title suits are not the customary business of the Federal Courts,1 this Court has closely examined the question of federal jurisdiction and, after calling for supplemental briefs, has concluded that this case does not arise under the Constitution, laws, or treaties of the United States within the meaning of 28...

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