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BAYLESS v. MARTINE

No. 28865.

430 F.2d 873 (1970)

David BAYLESS et al., Plaintiffs-Appellants, v. Floyd MARTINE, Dean of Students, Southwest Texas State University, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 24, 1970.

Attorney(s) appearing for the Case

Mark Z. Levbarg, Brooks Holman, Austin, Tex., for appellants.

Crawford C. Martin, Atty. Gen. of Texas, James C. McCoy, W. O. Shultz, Pat Bailey, Asst. Attys. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., J. C. Davis, Asst. Atty. Gen., for appellees.

Clark, Thomas, Harris, Denius & Winters, Edward Clark, Austin, Tex., for appellee, Board of Regents, State Senior Colleges.

Before THORNBERRY, DYER and CLARK, Circuit Judges.

CLARK, Circuit Judge:

As a result of participation in a Viet Nam Moratorium demonstration in November 1969, ten students of Southwest Texas State University (SWT) were suspended. The students initiated an action in the district court seeking temporary, preliminary and permanent injunctive relief prohibiting their suspension and other disciplinary measures; a declaratory judgment that the University regulation under which...

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