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MAKRES v. ASKEW

No. 73-2816.

500 F.2d 577 (1974)

Catherine L. MAKRES and Seymour B. Shiffman, Plaintiffs-Appellants, v. Reuben O'Donovan ASKEW, Governor of the State of Florida, and Robert Shevin, Attorney General for the State of Florida, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 18, 1974.

Attorney(s) appearing for the Case

Richard A. Bokor, Tampa, Fla., Larry H. Spalding, Sarasota, Fla., for plaintiffs-appellants.

Robert L. Shevin, Atty. Gen., Jerry Ernest Oxner, Asst. Atty. Gen., Tallahassee, Fla., Baya Harrison, Asst. Atty. Gen., Tampa, Fla., Herbert T. Schwartz, Sp. Asst. Atty. Gen., Gainesville, Fla., for defendants-appellees.

Before BROWN, Chief Judge, and GODBOLD and RONEY, Circuit Judges.

GODBOLD, Circuit Judge:

Catherine Makres and Seymour Shiffman, appellants in this consolidated class action, wished to secure divorces in Florida state court. They filed separate suits, later consolidated, in the federal District Court alleging that they were bona fide Florida residents who would file for divorce but for Fla.Stat. § 61.021, which requires that "the party filing the [divorce] proceeding must reside six months in the state before filing the

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