475 F.2d 1140 (5th Cir. 1973), 72-3301, Fair v. Sebesta

Docket Nº:72-3301, 72-3300 [*]
Citation:475 F.2d 1140
Party Name:Jim FAIR and Jim Hinnant, both Individually and as representative of the class of similarly situated residents of of the State of Florida, Plaintiffs-Appellees, v. Jim SEBESTA, as Supervisor of Elections, Hillsborough County, Florida, etc., et al., Defendants-Appellants. Joel Francis WOODMAN, Individually, and Joel Francis Woodman, as representativ
Case Date:April 11, 1973
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 1140

475 F.2d 1140 (5th Cir. 1973)

Jim FAIR and Jim Hinnant, both Individually and as representative of the class of similarly situated residents of of the State of Florida, Plaintiffs-Appellees,

v.

Jim SEBESTA, as Supervisor of Elections, Hillsborough County, Florida, etc., et al., Defendants-Appellants.

Joel Francis WOODMAN, Individually, and Joel Francis Woodman, as representative of the class, etc., et al., Plaintiffs-Appellees,

v.

James SEBESTA, Supervisor of Elections, Hillsborough County, Florida, et al., Defendants-Appellants.

Nos. 72-3301, 72-3300 [*]

United States Court of Appeals, Fifth Circuit.

April 11, 1973

Appeals from the United States District Court for the Middle District of Florida; Wm. Terrell Hodges, Judge.

Robert L. Shevin, Atty. Gen., Jerry E. Oxner, Asst. Atty. Gen., Tallahassee, Fla., David W. Thorpe, Asst. County Atty., Tampa, Fla., for James Sebesta.

Jim Fair, pro se.

Leslie Harold Levinson, Gainesville, Fla., Richard P. Condon, Tampa, Fla., for Hinnant.

Page 1141

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

PER CURIAM:

We find that these consolidated cases require a three-judge district court, 28 U.S.C. § 2281. We therefore vacate the decision of the lower court, 346 F.Supp. 913, for want of jurisdiction and remand the cases with instructions to convene a three-judge district court pursuant to 28 U.S.C. § 2284.

Vacated and...

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