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FAIR v. KIRK

Civ. A. No. 1611.

317 F.Supp. 12 (1970)

Jim FAIR, individually and as an elected official in the State of Florida, Morton A. Tucker, Dorothy Weidemann and Gilbert O. Weidemann, individually and as registered qualified voters of Hillsborough County, Florida; and all others similarly situated, Plaintiffs, v. Claude R. KIRK, Jr., as Governor of the State of Florida, John E. Matthews, as President of the Senate of Florida, Frederick B. Karl, as Chairman of the Select Committee on Executive Suspensions of the Florida Senate, Joseph G. Spicola, Jr., as State Attorney, Hillsborough County, and Tom Adams, as Secretary of the State of Florida, and their successors in each office, Defendants.

United States District Court, N. D. Florida.

September 15, 1970.

Attorney(s) appearing for the Case

Norman Siegel, Charles Morgan, Jr. and Reber Boult, Jr., Atlanta, Ga., for plaintiffs.

Earl Faircloth, Atty. Gen., and T. T. Turnbull, and Roger W. Foote, Asst. Attys. Gen., for defendants.

Before DYER, Circuit Judge, and ARNOW and MIDDLEBROOKS, District Judges.

DYER, Circuit Judge:

Jim Fair, former Supervisor of Elections in Hillsborough County, Florida, here challenges the constitutionality of article IV, section 7 of the Florida Constitution.1 In this proceeding before a three-judge district court,2 Fair claims that this constitutional provision, under which Governor Claude Kirk suspended him from office, violates the due process clause of the United States Constitution...

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