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HUDSON v. WANICK

No. 71-1374 Summary Calendar.

444 F.2d 218 (1971)

Pat HUDSON and William Charles Deich, III, Plaintiffs-Appellants, v. Joseph WANICK, in his capacity as City Attorney in and for the City of Miami Beach, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 17, 1971.

Attorney(s) appearing for the Case

Barry L. Halpern, of Engle & Halpern, Miami, Fla., for plaintiffs-appellants.

Leonard Rivkind, Sp. Counsel, City of Miami Beach, Fla., Rosen & Rivkind, Miami Beach, Fla., for defendants-appellees.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

PER CURIAM:

The District Court's order dismissing the complaint is affirmed, but modified by striking from the last paragraph thereof the words "with prejudice." The record discloses that the local prosecution was not undertaken in bad faith; also, that while a hearing was held on plaintiff's motion for a temporary restraining order — which was denied — the District Court did not reach the merits of the case, but dismissed the complaint. It was appropriate...

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