SULLENS v. CARROLL

No. 69-653-Civ-J.

308 F.Supp. 311 (1970)

Benton C. SULLENS, Plaintiff, v. Bryant S. CARROLL, Jr.; Smith, Elliot, Schwalbe & Spraker; Lloyd Smith, etc.; James M. Elliot, etc.; Richard B. Schwalbe, etc.; Burton Spraker, etc.; Harry W. Meshaw, etc.; and Robert C. Nichols, etc., Defendants.

United States District Court M. D. Florida, Jacksonville Division.

January 21, 1970.


Attorney(s) appearing for the Case

Benton C. Sullens, pro se.

Weir Dee Walker, Savannah, Ga., for plaintiff.

Walter L. Robison, Marion R. Shepard, Mathews, Osborne & Ehrlich, Jacksonville, Fla., for defendants.


OPINION AND ORDER

SCOTT, District Judge.

This case essentially is a malpractice action which the plaintiff, admitting lack of diversity, has tried to bootstrap into a federal forum under the Civil Rights Statute, 42 U.S.C. § 1983, and related jurisdictional statutes, 28 U.S.C. §§ 1331, 1343.

The facts are: The defendant, Bryant S. Carroll, Jr., a lawyer, was appointed on January 26, 1968, in the United States District Court for the...

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