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PALACIOS v. FOLTZ

No. 455-70.

441 F.2d 1196 (1971)

Manuel PALACIOS, as next friend of Pedro Palacios, an infant, Plaintiff-Appellant, v. Harry B. FOLTZ and Edward Fernandez, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 10, 1971.

Attorney(s) appearing for the Case

Anthony F. Avallone, Las Cruces, N. M., for plaintiff-appellant.

R. R. Regan, Las Cruces, N. M. (J. D. Weir, Las Cruces, N. M., with him on the brief), for defendants-appellees.

Before LEWIS, PICKETT and ADAMS, Circuit Judges.

PICKETT, Circuit Judge.

This action was brought in behalf of Manuel Palacios, a student at Las Cruces High School, Las Cruces, New Mexico, against Foltz and Fernandez, the school principal and vice principal, for an injunction and damages arising out of an alleged violation of the Civil Rights Act, 42 U.S.C. § 1983.1 The basis of the claim according to the allegations of the Complaint is that "(t)he defendants acting as the `principal...

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