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DAVIS v. PAGE

No. 78-2063.

618 F.2d 374 (1980)

Hilary DAVIS, Individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. William J. PAGE, Jr., etc., et al., Defendants, Circuit Judges Dixie Herlong Chastain, etc., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted July 8, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Sidney H. McKenzie, III, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for defendants-appellants.

Florida Rural Legal Services, Delray Beach, Fla., Michael R. Masinter, Florida Rural Legal Services, Inc., Perrine, Fla., Miami, Fla. (effective July 15, 1978), for plaintiffs-appellees.

Before TUTTLE, BROWN and TATE, Circuit Judges.

Rehearing En Banc Granted July 8, 1980.

TUTTLE, Circuit Judge:

This is an appeal from a Florida district court's ruling that the Federal Constitution requires that indigent parents in child dependency proceedings be provided with counsel in all cases unless they waive that right, beginning immediately following service of a petition on the parent or seizure of the child. The trial court also ruled that the plaintiffs were entitled to a reasonable attorney...

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