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CITY OF SAFETY HARBOR v. BIRCHFIELD

No. 74-3845.

529 F.2d 1251 (1976)

The CITY OF SAFETY HARBOR, a Municipal Corp., and Claude Rigsby, Plaintiffs-Appellants, v. William BIRCHFIELD, Herbert Brown, S. Curtis Kiser, Douglas Roach and Edmund Whitson, Jr., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 12, 1976.

Attorney(s) appearing for the Case

William P. O'Malley, Jack F. White, Jr., Clearwater, Fla., for plaintiffs-appellants.

John Germany, John R. Lawson, Jr., Tampa, Fla., Robert R. Feagin, III, Tallahassee, Fla., for Birchfield, Kiser and Whitson.

N. S. Gould, Thomas A. Bustin, City Atty., Clearwater, Fla., for Brown.

John F. Rudy, II, Ted R. Manry, III, Tampa, Fla., for Roach.

Before GEWIN and AINSWORTH, Circuit Judges, and MARKEY, Chief Judge.

AINSWORTH, Circuit Judge:

This unusual case arises out of the dismissal of a complaint in which the City of Safety Harbor, Florida, and the mayor of that city suing in his capacity as a resident taxpayer, seek damages and appropriate injunctive relief against four Florida legislators1 and two private individuals for purported violations of provisions of the Civil Rights Act of 1871, 42 U.S.C. §§ 1983, 1985 and 1986. In substance...

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