HENDERSON v. STERRETT

No. 71-1178 Summary Calendar.

447 F.2d 981 (1971)

Charles Paul HENDERSON et al., Plaintiffs-Appellants, v. W. L. STERRETT et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 23, 1971.


Attorney(s) appearing for the Case

Sam Eck, Atty., Dallas Legal Services Foundation Inc., Dallas, Tex., for plaintiffs-appellants.

John B. Tolle, Asst. Dist. Atty., Dallas County, Henry Wade, Dist. Atty., Dallas, Tex., for defendants-appellees.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.


PER CURIAM:

Appellant brought an action on behalf of himself and an alleged class. On December 18, 1970, the defendants filed their first and only pleading, an unverified motion to dismiss, asserting the single ground that plaintiff had received all the relief sought by him and describing relief allegedly afforded him on his individual claim. The motion did not refer to relief sought on behalf of the class, in fact made no reference to the class action. The caption...

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