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ROGERS v. BROCKETTE

No. 78-2505.

588 F.2d 1057 (1979)

Dr. Ronnie ROGERS et al., Plaintiffs-Appellants, v. Dr. M. L. BROCKETTE et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 2, 1979.

Attorney(s) appearing for the Case

Earl Luna, Thomas V. Murto, III, Dallas, Tex., for plaintiffs-appellants.

John L. Hill, Atty. Gen., Susan J. Dasher, Nathan Johnson, David M. Kendall, Jr., Robert Steve Bickerstaff, Jr., Asst. Attys. Gen., Austin, Tex., for defendants-appellees.

Paula Roberts, Roger Schwartz, Ronald Pollack, Food Research and Action Center, Washington, D.C., amicus curiae, for Food Research and Action Center.

Before SKELTON, Senior Judge and GOLDBERG and FAY, Circuit Judges.

GOLDBERG, Circuit Judge:

Since 1966 the federal government has subsidized breakfasts for school children. Participation in this school breakfast program is voluntary, but Congress left it unclear whether the choice to participate is to be made by the individual school, the local school board, or the state. A Texas state statute requires certain school districts to participate. One of those districts, the Garland Independent School District (GISD), resisted and filed...

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