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McKINNEY v. O'MALLEY

No. 73-57-Civ-J-T.

379 F.Supp. 135 (1974)

Samuel McKINNEY, Plaintiff, v. Thomas D. O'MALLEY, Individually and as Insurance Commissioner and Treasurer, Department of Insurance, State of Florida, and Ralph L. Cobb, Sr., Individually and as Chief, Bureau of Financial Responsibility, Department of Insurance, State of Florida, Defendants.

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

August 6, 1974.

Attorney(s) appearing for the Case

Steven Goldberg and Paul D. Doyle, Duval County Legal Aid Ass'n, Jacksonville, Fla., for plaintiff.

Harold B. Haimowitz, Asst. Atty. Gen., Jacksonville, Fla., for defendants.

Before SIMPSON, Circuit Judge, EATON and TJOFLAT, District Judges.

MEMORANDUM OPINION

TJOFLAT, District Judge

Plaintiff, Samuel McKinney, brought this action attacking the constitutionality of Section 324.051(2), Florida Statutes, as applied to him. McKinney contends that the state has deprived him of substantive due process of law by suspending his driver's license for failure to meet certain statutory requirements which his financial status precludes him from satisfying. Resting...

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