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FUENTES v. FAIRCLOTH

No. 69-1359-Civ-WM.

317 F.Supp. 954 (1970)

Margarita FUENTES, individually, and as a class for all those similarly situated, Plaintiffs, v. Earl FAIRCLOTH, Attorney General for the State of Florida, and Firestone Tire and Rubber Company, Defendants.

United States District Court, S. D. Florida.

August 21, 1970.

Attorney(s) appearing for the Case

Economic Opportunity Legal Services, for plaintiffs.

Earl Faircloth, Atty. Gen., for State of Florida.

Mershon, Sawyer, Johnston, Dunwody & Cole, Miami, Fla., for Firestone Tire & Rubber Co.

Shutts & Bowen, Miami, Fla., amici curiae for General Motors Acceptance Corporation.

Before DYER, Circuit Judge, and MEHRTENS and EATON, District Judges.

DYER, Circuit Judge:

Plaintiff brought this suit against Firestone Tire and Rubber Company (Firestone) and the Attorney General of Florida1 for declaratory and injunctive relief against continued enforcement of certain sections of Florida's replevin statutes, F.S. § 78.01, et seq., F.S.A. alleging that they are unconstitutional in that they authorize a taking of property without prior...

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