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IN THE CIRC _T COURT OF THE 19TH
JUDICIAL CIRCUIT IN AND FOR ST.
LUCIE COUNTY, FLORIDA
CASE NO. 73-970-CA
UNITED FARM WORKERS, a labor ) -
organization and RICHARD SMITH
and JEANETTE ANDERSON and all )
~ others s imi lar ly s ituated , , . ~~2~~~
Plaintiffs,
vs. )
W. R, McCAIN, JOHN B. PARK, )
E. E. GREEN, GEORGE PRICE.
EDWARD G. ENNS. both individually ) ORDER
and as members of the Board of
County Commissioners of St. )
Lucie County and AL THOMAS, Chief
of the Building and Zoning Department)
for St. Lucie County,
)
Defendants.
)
This cause came on for hearing this llth day of January,
I974, upon Defendants' Motion to Dismiss and Plaintiffs' Motion
for TempQrary Restraining Order and the Court having hearci arguments
of counsel and being fully advised in the premises, it is thereupon
ORDERED AND ADJUDGED as follows:
l. The complaint as to W. R. McCain, John B. Park, E. E.
i Green, George price, and Edward G. Enns, both individually an~ as
~
~ Members of the Board of County Commissioners of St. Lucie County,
i
a be and the same~is hereby dismissed based upon Plaintiffs' failure
~ 15
~ to comply with Section 125,/~'lorida Statutes which provides that
n
r
a
~ County Commissioners shall be sued in the name of the county of
~
a
~ which they are commissioners. The Plaintiffs shall have teii days
~
~ from the date of this order to file an amended complaint against St.
~
~
~
Lucie County and St. Lucie County shall thereafter have ten days in ;
~
~ which to file its answer or other resporsive pleadings.
2. The Court determines that the complaint filed by the
- Plaintiffs does not allege sufficient facts for a class action under
Rule 1.220 Florida Rules of Civil Procedure, however, it is sufficient
as an individual suit on behalf of United Farm Workers, Richard Smith
and Jeanette Anderson.
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