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HAINES v. ASKEW

No. 72-695 Civ. T-K.

368 F.Supp. 369 (1973)

Hartley HAINES, Plaintiff, v. Reubin O'D. ASKEW, Governor of the State of Florida, et al., Defendants.

United States District Court, M. D. Florida, Tampa Division.

December 11, 1973.

Attorney(s) appearing for the Case

Richard H. Frank, Tampa, Fla., for plaintiff.

Charles E. Miner, Jr., Gen. Counsel, James T. Schoenbrod, Counsel, State of Fla. Bd. of Educ., Tallahassee, Fla., for defendants.

Robert Vossler, Tallahassee, Fla., for defendant Ingram.

Before RONEY, Circuit Judge, and KRENTZMAN and HODGES, District Judges.

KRENTZMAN, District Judge.

This 3-Judge Court matter presents the question whether Rule 6B-2.17, Department of Education Rules of Professional Practices Council of the State of Florida, unconstitutionally deprives plaintiff of his due process rights under the 14th Amendment to the Constitution. The statewide applicability of the challenged state administrative rule necessitated the convening of a 3-Judge Court under 28 U.S.C. § 2281. Mora v. Mejias,

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