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GORDON v. LEATHERMAN

No. 71-1926.

450 F.2d 562 (1971)

Alex GORDON, individually and as a County Commissioner of Dade County, Florida, Plaintiff-Appellee, v. E. B. LEATHERMAN, as Clerk of the Circuit Court of the Eleventh Judicial Circuit of Florida, Defendant-Appellee, Clark Merrill, Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 5, 1972.

Attorney(s) appearing for the Case

Joseph Z. Fleming, D. P. S. Paul, Paul & Thomson, Miami, Fla., for appellant.

Tobias Simon, Miami, Fla., for appellee Alex Gordon.

W. G. Ward, Ward, Ward, Straessley, Hiss & Heath, Miami, Fla., for appellee, E. B. Leatherman.

Before RIVES, BELL and GODBOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 5, 1972.

RIVES, Circuit Judge:

The issue presented for review is whether the due process clause of the Fourteenth Amendment prevents a home rule charter of government from attaching to the office of an elected county commissioner a condition that, after one year in office and at a recall election requested in a petition signed by at least 10,000 voters, the commissioner is subject to recall without reason or cause...

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