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ADAMS v. MURPHY

No. 78-2406.

598 F.2d 982 (1979)

Don A. ADAMS, Petitioner-Appellee, v. Ernest P. MURPHY, Sheriff of Osceola County and Louie L. Wainwright, Director, Division of Corrections, Department of Offender Rehabilitation, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

July 13, 1979.

Attorney(s) appearing for the Case

Benedict P. Kuehne, Asst. Atty. Gen., West Palm Beach, Fla., for respondents-appellants.

Joseph F. McDermott, St. Petersburg, Fla., for petitioner-appellee.

Before THORNBERRY, GOLDBERG and GEE, Circuit Judges.

GEE, Circuit Judge:

The court has determined that this case presents a question of Florida law appropriate for resolution by the courts of that state. We will, therefore, defer our decision in this matter pending certification of the issue to the Florida Supreme Court. Our usual practice1 is to request that the parties submit a proposed statement of facts and proposed agreed certificate of the questions for decision, but because the facts...

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