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MARX v. GUMBINNER

No. 87-5449.

855 F.2d 783 (1988)

Richard MARX, Individually and Kristina Marx, A Minor, Plaintiffs-Appellees, v. Glenn H. GUMBINNER, et al., Defendants, Bruce H. Colton and Pamela J. Roebuck, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 20, 1988.

Attorney(s) appearing for the Case

Walter M. Meginniss, Asst. Atty. Gen., Tallahassee, Fla., for defendants-appellants.

Richard J. Troy, Chicago, Ill., for plaintiffs-appellees.

Before TJOFLAT and HATCHETT, Circuit Judges, and LYNNE, Senior District Judge.

TJOFLAT, Circuit Judge:

I.

In the early hours of February 8, 1986, four-year-old Kristina Marx was brutally raped in a wooded gully in Port Salerno, a town in Martin County, Florida. Following the attack, Kristina wandered back to the home of Claire Leonard, a family friend with whom Kristina and her father, Richard Marx, had been staying overnight. Ms. Leonard, seeing that Kristina was covered with blood and dirt, immediately telephoned the Martin County...

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