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KIMBALL v. FLORIDA BAR

No. 75-1005.

537 F.2d 1305 (1976)

Harris L. KIMBALL, Plaintiff-Appellant, v. The FLORIDA BAR et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 2, 1976.

Attorney(s) appearing for the Case

Louis M. Jepeway, Jr., Stephen Cahen, Am. Civ. Liberties U. of Fla., Miami, Fla., Jeremiah S. Gutman, Am. Civ. Liberties U. Foundation, New York City, for plaintiff-appellant.

Darrey A. Davis, Charles A. Kimbrell, William M. Hoeveler, Miami, Fla., for defendants-appellees.

Before RIVES, GOLDBERG and GEE, Circuit Judges.

GEE, Circuit Judge:

Appellant, who was disbarred in 1957 for engaging in a homosexual act on a public beach, State v. Kimball, 96 So.2d 825 (Fla.1957),1 challenges the lower court's stay based on abstention in his suit under 42 U.S.C. § 1983 (1970), against the State Bar of Florida. Below he attacked the constitutionality2 of his disbarment and of rule 11.02(3...

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