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WILLIAMS v. RUBIERA

No. 75-1383.

539 F.2d 470 (1976)

Ruthena WILLIAMS et al., etc., Plaintiffs-Appellants, v. The Honorable C. P. RUBIERA et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 2, 1976.

Attorney(s) appearing for the Case

Steven J. Wisotsky, Asst. Professor of Law, Ft. Lauderdale, Fla., for plaintiffs-appellants.

Robert L. Shevin, Atty. Gen., William L. Rogers, William Mark Grodnick, Asst. Attys. Gen., Miami, Fla., for defendants-appellees.

Before COLEMAN, RONEY and TJOFLAT, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 2, 1976.

RONEY, Circuit Judge:

This suit sought a United States district court declaratory decree that state welfare fraud defendants are constitutionally entitled to appointed counsel in cases in which the sentence is a fine, but not imprisonment. Such misdemeanor defendants are entitled to counsel under Argersinger v. Hamlin, 407 U.S. 25

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