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WHITING v. TRAYLOR

No. 95-4268.

85 F.3d 581 (1996)

Glenn WHITING, Plaintiff-Appellant, v. Ed TRAYLOR; R.H. Hamilton, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 19, 1996.

Attorney(s) appearing for the Case

James Kellogg Green, West Palm Beach, FL, Terry E. Allbritton, Appellate Advocacy Program, Tulane Law School, New Orleans, LA, for appellant.

Robert W. Butterworth, FL Atty. Gen., Miami, FL, Douglas J. Glaid, Asst. Atty. Gen., Dept. of Legal Affairs, Civil Div., Hollywood, FL, for appellees.

Before EDMONDSON and BIRCH, Circuit Judges, and FOREMAN, Senior District Judge.

EDMONDSON, Circuit Judge:

Glenn Whiting appeals the Rule 12(b)(6) dismissal of his section 1983 claim against two Florida Marine Patrol Officers. He also appeals dismissal of a pendant state law tort claim. We vacate the dismissals and remand for further proceedings.

I.

In August 1988, Glenn Whiting — while he was operating his boat on a Florida lake — was stopped by two Florida Marine Patrol...

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