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SHERMAN v. BOARD OF REGENTS OF STATE OF FLORIDA

No. 30903 Summary Calendar.

451 F.2d 572 (1971)

Charles W. SHERMAN, Jr. and Brett Merkey, et al., Plaintiffs-Appellants, v. The BOARD OF REGENTS OF the STATE OF FLORIDA et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 12, 1971.

Attorney(s) appearing for the Case

Michael F. Cycmanick, Jerome J. Bornstein, Law Offices of James M. Russ, Orlando, Fla., for plaintiffs-appellants.

James C. Clark, Gen. Counsel, Florida State Univ., Stephen Marc Slepin, Gen. Counsel, Rivers Buford, Jr., Gen. Counsel, State of Florida Board of Education, Tallahassee, Fla., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

RONEY, Circuit Judge:

This is an appeal from a dismissal of a complaint alleging that the governing body of the Florida university system, the Board of Regents, had unconstitutionally denied the Young Socialist Alliance recognition as a student organization at Florida State University. The complaint challenged the constitutionality of Chapter 240, Florida Statutes, F.S.A., which establishes the Board of Regents.

A temporary injunction was denied without prejudice...

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