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LANE v. CORRELL

No. 30102 Summary Calendar.

434 F.2d 598 (1970)

Keith LANE, by his next friend and mother, Judith Basden, etc., Plaintiffs-Appellants, v. F. L. CORRELL, City Clerk of the City of Miami, Florida, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 17, 1970.

Attorney(s) appearing for the Case

Bruce S. Rogow, Bennett Brummer, C. Michael Abbott, Miami, Fla., for plaintiffs-appellants.

S. R. Sterbene, Asst. City Atty., Miami, Fla., for defendants-appellees.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.

BELL, Circuit Judge:

This is a class action instituted by indigent persons to attack a City of Miami ordinance which requires a fee for the issuance of an arrest warrant. They seek declaratory and injunctive relief. Jurisdiction is premised on 28 USCA, § 1343(3) and 42 USCA, § 1983. The district court denied relief. We vacate and remand with direction.

Keith Lane is the minor son of plaintiff Basden. After being assaulted on the streets of Miami...

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