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SOUTH FLA. FREE BEACHES v. CITY OF MIAMI

No. 82-5963.

734 F.2d 608 (1984)

SOUTH FLORIDA FREE BEACHES, INC., a Florida Non-Profit Corp., and Gary Bryant, Plaintiffs-Appellants, Cross-Appellees, v. CITY OF MIAMI, FLORIDA, a Municipal Corporation, etc., Defendant-Appellee, Janet Reno, State Attorney, Defendant-Appellee, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied July 24, 1984.

Attorney(s) appearing for the Case

Bruce Barkett, Asst. Atty. Gen., Dept. of Legal Affairs, Pamela Lutton-Shield, Tallahassee, Fla., for Reno.

James A. Jurkowski, Asst. County Atty., Miami, Fla., for Metropolitan Dade County.

Robert S. Korschun, Miami, Fla., for South Fla. Free Beaches and Bryant.

Mikele S. Carter, Asst. City Atty., Jose R. Garcia-Pedrosa, Gisela Cardonne, Miami, Fla., for City of Miami.

Before RONEY and HENDERSON, Circuit Judges, and DYER, Senior Circuit Judge.

ALBERT J. HENDERSON, Circuit Judge:

South Florida Free Beaches, Inc. (South Florida) and Gary Bryant sought a declaratory judgment and injunctive relief in the United States District Court for the Southern District of Florida, alleging that various state statutes and city of Miami ordinances unconstitutionally infringed on their right to sunbathe in the nude. After a non-jury trial, the district court, in South Florida...

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