RIOS v. HACKNEY

Civ. A. No. 3-1852.

294 F.Supp. 885 (1967)

Mrs. Modesta RIOS, individually and on behalf of her minor children, Olga Rodriguez Rios, Isaias Rodriguez Rios, Juan Manuel Rios, Irene Rodriguez Rios, Rachel Rios, Plaintiffs, v. Burton G. HACKNEY, Commissioner of the State Department of Public Welfare; Will Bond, Chairman of the State Board of Public Welfare; W. Kendall Baker, Vice Chairman, Carl B. Flaxman, Secretary of the State Board of Public Welfare; individually and in their official capacities, Defendants.

United States District Court N. D. Texas, Dallas Division.

November 30, 1967.


Attorney(s) appearing for the Case

Mabel Spellman Barber and Bernard Cohen, Dallas, Tex., for plaintiff.

Crawford C. Martin, Atty. Gen. of Texas, by Pat Bailey, Asst. Atty. Gen., Austin, Tex., for defendant.


ORDER

TAYLOR, Chief Judge.

On November 10, 1967, this civil rights action for declaratory judgment, 28 U.S.C.A. § 2201, and injunctive relief, 42 U.S.C.A. § 1983, came on to be heard by this court.

Pursuant to a previous instruction by the court to the attorneys for both plaintiff and defendants, the court considered as evidence only those facts which were before the defendant Board of Public Welfare at the time it committed the act alleged...

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