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MARRERO v. CITY OF HIALEAH

No. 78-2391.

625 F.2d 499 (1980)

Juan A. MARRERO and Maria Marrero, Plaintiffs-Appellants, v. CITY OF HIALEAH, etc. et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 4, 1980.

Attorney(s) appearing for the Case

Joseph C. Brannen, Miami, Fla., for plaintiffs-appellants.

Fowler, White, Burnett, Hurky, Banick & Knight, P. A., Miami, Fla., for City of Hialeah.

Fred R. Ober, Michael J. Murphy, Miami, Fla., Stuart Simon, Roy Wood, Ralph C. Rocheteau, III, Asst. County Attys., Miami, Fla., for Reno and Rashkind.

Before GOLDBERG, CHARLES CLARK and THOMAS A. CLARK, Circuit Judges.

GOLDBERG, Circuit Judge:

Juan and Maria Marrero appeal from the district court's dismissal, for failure to state a claim upon which relief can be granted, of their suit against the City of Hialeah, Florida, and two state prosecutors for alleged violations of their civil rights. Their appeal presents three questions relating to suits brought pursuant to 42 U.S.C. § 1983 (1976).1 We are asked to decide: (a) whether

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