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MACHADO v. DEPARTMENT OF HEALTH & R. S. OF STATE OF FLA.

No. 72-1843-Civ-CA.

357 F.Supp. 890 (1973)

Jose MACHADO et al., Plaintiffs, v. The DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES OF the STATE OF FLORIDA and Emmett S. Roberts, Individually and as Secretary of the Department of Health and Rehabilitative Services of the State of Florida, Defendants.

United States District Court, S. D. Florida.

April 6, 1973.

Attorney(s) appearing for the Case

Alfred Feinberg, Legal Services of Greater Miami, Inc., Miami, Fla., for plaintiffs.

Chester G. Senf, Jacksonville, Fla., for defendants.

Before DYER, Circuit Judge, and ATKINS and ROETTGER, District Judges.

ORDER

This cause came before the Court for a hearing on plaintiffs' prayer to declare unconstitutional and permanently enjoin the operation of F.S.A. § 409.266(1)(b).1 The Court has jurisdiction in this matter pursuant to Title 28 of the United States Code, Sections 1343(3), 2201, 2202, 2281, and 2284; the cause of action is premised on Title 42, Section 1983. The provision challenged reads in pertinent part:

(1) The department...

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