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CROSS v. BYRUM

Civ. No. 72-945.

348 F.Supp. 196 (1972)

Hillard CROSS, in his own behalf and in behalf of those similarly situated, Plaintiff, v. Homer BYRUM, individually and in his official capacity, and Sylvester P. Adair, former Justice of the Peace of District Four of Dade County, Florida, individually and in his official capacity, Defendants.

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

September 25, 1972.

Attorney(s) appearing for the Case

Norman Rosenberg, of Florida Rural Legal Services, Inc., Homestead, Fla., and Sanford Dernis, Perrine, Fla., for plaintiff.

Richard M. Sepler, Special Asst. Atty. Gen., Hialeah, Fla., for defendants.

ORDER DENYING MOTION TO DISMISS

ATKINS, District Judge.

This cause is before the Court on defendant's motion to dismiss the complaint for failure to state a cause of action — to wit, defendants are judicial officers and thereby immune from suit. The Court is of course guided by the teachings of Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957), on the advisability of granting a motion to dismiss, as of...

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