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POTTINGER v. CITY OF MIAMI

Nos. 91-5316, 92-5145.

40 F.3d 1155 (1994)

Michael POTTINGER, Peter Carter, Berry Young, Plaintiffs-Appellees, v. CITY OF MIAMI, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 7, 1994.

Attorney(s) appearing for the Case

Leon M. Firtel, Kathryn S. Peco, Asst. City Attys. and Theresa L. Girten, Miami, FL, for appellant.

Kraig A. Conn, Nancy Ann M. Stuparich, and Harry Morrison, Jr., Tallahassee, FL, for amicus, Fla. League of Cities.

Thomas K. Braun, Becky S. James and Frieda A. Taylor, O'Melveny & Myers, Los Angeles, CA, for amicus, Nat'l Coalition for the Homeless.

Benjamin S. Waxman, ACLU, Robbins, Tunkey, Ross, Amsel & Raben; Jeffrey S. Weiner, Miami, FL, and Stephen J. Schnably, University of Miami Law School, Coral Gables, FL, for appellees.

Maria Foscarinis, Washington, DC, for amicus Nat. Law Center on Homelessness and Poverty.

William T. O'Neil, Covington & Burling, Washington, DC, for amicus.

Before HATCHETT and ANDERSON, Circuit Judges, and FAY, Senior Circuit Judge.

HATCHETT, Circuit Judge:

In this class action lawsuit on behalf of homeless persons in the Miami, Florida area, we remand for limited purposes, including clarification of the terms of the injunction and an update of the facts.

FACTS

A group of homeless persons filed a class action lawsuit in the Southern District of Florida alleging that the City of Miami, Florida (the city), has a policy of harassing homeless people for sleeping, eating, and performing...

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