Robert PUGH and Nathaniel Henderson et al., Plaintiffs-Appellants,
v.
James RAINWATER et al., Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
May 10, 1978.
May 10, 1978.
Attorney(s) appearing for the Case
Bennett H. Brummer, Public Defender, Eleventh Judicial Circuit of Fla., Bruce S. Rogow, Miami, Fla., for plaintiffs-appellants.
Peter L. Nimkoff, Daniel S. Pearson, Louis M. Jepeway, Jr., Miami, Fla., for Dade County Bar.
Robert L. Shevin, Atty. Gen., Raymond L. Marky, Asst. Atty. Gen., Tallahassee, Fla., Paul H. Zacks, Asst. Atty. Gen., West Palm Beach, Fla., for Sutton, Rainwater, Ferguson, Adair, Snowden & Berkman.
Ralph Frank Miles, City Atty., for City of Hialeah, Hialeah, Fla., for Maynard.
Aaron Foosaner, North Miami Beach, Fla., for Perry.
Joseph Pardo, Miami, Fla., for Segall.
Jack Blumenfeld, Milton Robbins, Asst. State's Attys., Miami, Fla., for Gerstein.
Joseph A. Wanick, City Atty., and Henry A. Edgar, Jr., Asst. City Atty., Miami Beach, Fla., for Pomerance.
Alan H. Rothstein, Miami, Fla., for Bernard Garmire.
Larry J. Hirsch, Asst. City Atty., Montague Rosenberg, Asst. City Atty., Miami, Fla., Paul H. Zacks, Asst. Atty. Gen., West Palm Beach, Fla., for Bernard Garmire.
Before BROWN, Chief Judge, and GEWIN, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, SIMPSON, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN and VANCE, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
VANCE, Circuit Judge:
The panel opinion, 557 F.2d 1189, traces the complicated history of this litigation.1 Before the Court on rehearing en banc is plaintiffs' contention and the panel's holding that Florida Rule of Criminal Procedure 3.130(b)(4), does not pass constitutional muster. The rule was adopted by the Supreme Court of Florida while the case was pending in this Court. Effective on July 1, 1977...
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