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PLANTE v. GONZALEZ

No. 77-3109.

575 F.2d 1119 (1978)

Kenneth A. PLANTE et al., Plaintiffs-Appellants, v. Larry GONZALEZ, etc., et al., Defendants-Appellees. Jon C. THOMAS, Plaintiff-Appellant, v. Larry GONZALEZ, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 31, 1978.

Attorney(s) appearing for the Case

Tobias Simon, Miami, Fla., Charles L. Carlton, Lakeland, Fla., Richard C. McFarlain, Tallahassee, Fla., Nelson, Hesse, Cyril, Weber & Sparrow, Sarasota, Fla., for Plante, et al.

William E. Williams, Tallahassee, Fla., for Thomas.

Douglas C. Kearney, Asst. Atty. Gen., James D. Whisenand, Deputy Atty. Gen., Tallahassee, Fla., for defendants-appellees.

Parker D. Thomson, Miami, Fla., for amicus curiae League of Women Voters of Fla., Inc.

Before WISDOM, GODBOLD, and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 31, 1978.

WISDOM, Circuit Judge:

"[W]ith the decline of religion the law has moved to take over the preventive as well as the punishing function. A man must not only avoid the act that the crowd considers criminal; he must avoid the opportunity, or even the appearance of the opportunity to commit such an act. Without a conscience it is only logical to assume that he will succumb to temptation. Society, therefore...

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