BUTTS v. DALLAS INDEPENDENT SCHOOL DISTRICT

No. 29281.

436 F.2d 728 (1971)

Ruth J. BUTTS et al., Plaintiffs-Appellants, v. DALLAS INDEPENDENT SCHOOL DISTRICT and Nolan Estes, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 14, 1971.


Attorney(s) appearing for the Case

Marvin Menaker, W. D. Masterson, Atty., Robert Goodfriend, Dallas, Tex., for plaintiffs-appellants.

Franklin E. Spafford, Warren Whitham, Dallas, Tex., for defendants-appellees.

Before RIVES and SIMPSON, Circuit Judges, and NICHOLS, Judge of the Court of Claims.


NICHOLS, Judge:

Plaintiffs, minors, brought this action by their next friends in the United States District Court for the Northern District of Texas, and appeal from its final judgment dismissing their complaint. We reverse.

The defendants are the Dallas Independent School District, in whose schools plaintiffs were enrolled, and Dr. Nolan Estes, the Superintendent. The action was said to arise under the Fourteenth Amendment and 42 U.S.C. § 1983, which...

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