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GARDNER v. LUCKEY

No. 73-1777.

500 F.2d 712 (1974)

Johnny M. GARDNER, Dean Anthony Ackley, and Willie Jones, Jr., Individually, etc., Plaintiffs-Appellants, v. Judge C. LUCKEY, Jr., as Public Defender for the Thirteenth Judicial Circuit of the State of Florida, et al., etc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing En Banc Denied December 10, 1974.

Attorney(s) appearing for the Case

William Knight Zewadski, Tomothy A. Johnson, Jr., Tampa, Fla., for plaintiffs-appellants.

Robert L. Shevin, Atty. Gen. of Florida, Baya Harrison, III, Asst. Atty. Gen., Tallahassee, Fla., for defendants-appellees.

Before THORNBERRY, GODBOLD and CLARK, Circuit Judges.

GODBOLD, Circuit Judge:

Johnny Gardner, Dean Ackley and Willie Jones, the appellants, were separately convicted of Florida crimes. Under 42 U.S.C. § 1983 they mounted a sweeping class action seeking declaratory and injunctive relief against the Florida Public Defender Offices in the Twelfth and Thirteenth Judicial Circuits of Florida,1 which had represented them at various stages of the criminal...

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