Nos. 82-5420, 82-5430. Non-Argument Calendar.

709 F.2d 1403 (1983)

David HOROWITZ, Plaintiff-Appellant, v. Louie L. WAINWRIGHT, as Secretary, Department of Corrections, State of Florida, Defendant-Appellee. Bernard HOROWITZ, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary of Department of Offender Rehabilitation, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 18, 1983.

Attorney(s) appearing for the Case

Joel Hirschhorn, Miami, Fla., for plaintiff-appellant.

Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, Fla., for defendant-appellee and respondent-appellee.

Michael S. Tarre, Coral Gables, Fla., for petitioner-appellant.

Before TJOFLAT, JOHNSON and HATCHETT, Circuit Judges.


Bernard and David Horowitz, father and son, filed petitions in the United States District Court for the Southern District of Florida for habeas corpus pursuant to 28 U.S.C.A. § 2254, alleging various claims for relief. Because their petitions present the same facts and legal issues, they have been consolidated for this appeal. The district court dismissed each petition because one of the claims had not been exhausted in the Florida state courts. We...

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