Floyd E. McDOWELL, Plaintiff-Appellant,
v.
The STATE OF TEXAS, Texas Board of Mental Health and Mental Retardation, et al., Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
May 6, 1971.
On Rehearing August 29, 1972.
Attorney(s) appearing for the Case
David R. Richards, Clinton & Richards, Austin, Tex., for plaintiff-appellant.
David Rubin, Richard J. Medalie, Epstein, Friedman & Duncan, Washington, D. C., for amicus curiae Nat'l Educ. Ass'n.
Crawford C. Martin, Atty. Gen. of Texas, Jack Sparks, Asst. Atty. Gen., Austin, Tex., Jack B. Manning, Houston, Tex., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., J. C. Davis, Asst. Atty. Gen., Austin, Tex., for defendants-appellees; Bean & Manning, Houston, Tex., of counsel.
Before SKELTON, Judge, and MORGAN and CLARK, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
On Rehearing En Banc August 29, 1972.
CLARK, Circuit Judge:
Dr. Floyd E. McDowell filed this action, based upon 42 U.S.C.A. § 1983 (1970).1 Jurisdiction was allegedly based upon 28 U.S.C.A. § 1343(3) (1962).2 The defendants were the State of Texas, the Texas Board of Mental Health and Mental Retardation (Board), and certain Board officials. Plaintiff alleged that he was denied substantive...
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