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LIVINGSTON v. GARMIRE

No. 69-1151-Civ.

308 F.Supp. 472 (1970)

Marvin LIVINGSTON, Stanley Walker, through his next friend and mother, Amy Walker, and Edward Powell, as individuals, and as a class for all those similarly situated, Plaintiffs, v. Bernard GARMIRE, as Chief of Police of the City of Miami, and William Porter, as Prosecuting Attorney for the Municipal Court of the City of Miami, Defendants.

United States District Court S. D. Florida, Miami Division.

January 16, 1970.

Attorney(s) appearing for the Case

C. Michael Abbott, Miami, Fla., E. O. P. I. Legal Services, for plaintiffs.

Allan H. Rothstein, City Atty., S. R. Sterbenz, Asst. City Atty., Miami, Fla., for defendants.

ORDER ON MOTION FOR SUMMARY JUDGMENT

EATON, District Judge.

This is a class action brought by the plaintiffs under Rule 23(b) (2), Fed.R. Civ.P. The individual plaintiffs currently face prosecution before the Municipal Court of the City of Miami, Florida. Defendants are Bernard Garmire, the City's Chief of Police, and William Porter, the Prosecuting Attorney for the Municipal Court. The individually named plaintiffs sue as representatives of the class of...

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