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DELGADO v. SMITH

No. 88-6068.

861 F.2d 1489 (1988)

Pedro DELGADO, Elia Gregorio, Marcelo Llanes and Marta R. Torres, Plaintiffs-Appellants, v. Jim SMITH, in his official capacity as Secretary of State of the State of Florida, and David Leahy, in his official capacity as the Supervisor of Elections of Dade County, Florida and as a representative of a defendant class of all County Supervisors of Elections in the State of Florida, Defendants-Appellees, and Florida English Campaign, U.S. English Legislative Task Force, Inc., and U.S. English Foundation, Inc., Intervenors-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied December 19, 1988.

Attorney(s) appearing for the Case

Donald M. Middlebrooks, Steel, Hector & Davis, Steven A. Zalesin, Weil, Gotshal & Manges, Miami, Fla., for plaintiffs-appellants.

George L. Waas, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for Smith.

Murray Greenburg, Miami, Fla., for Leahy.

Mark A. Dienstag, Miami, Fla., for Florida English Campaign.

Before FAY and ANDERSON, Circuit Judges, and ALLGOOD, Senior District Judge.

Rehearing and Rehearing In Banc Denied December 19, 1988.

FAY, Circuit Judge:

This is an expedited appeal from a federal district court judgment dismissing a complaint which sought to enjoin certain State of Florida officials from conducting an election on a citizen initiative to amend the state constitution planned for November 8, 1988. The proposed amendment to the Florida Constitution would make English the official language of the State of Florida. As...

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