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HILL v. VICTORIA COUNTY DRAINAGE DISTRICT NO. 3

No. 30606.

441 F.2d 416 (1971)

Raymond M. HILL et al., Plaintiffs-Appellants, v. VICTORIA COUNTY DRAINAGE DISTRICT NO. 3 et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 18, 1971.

Attorney(s) appearing for the Case

Robert L. Burns, Will Sears, Sears & Burns, Houston, Tex., W. S. Fly, Fly, Cory & Moeller, Victoria, Tex., for Raymond M. Hill and others.

Weldon B. Mallette, Victoria, Tex., Crawford C. Martin, Atty. Gen. of Texas, Roland Allen, Troy C. Webb, Asst. Attys. Gen., Nola White, First Asst. Atty. Gen., Alfred L. Walker, Executive Asst. Atty. Gen., Roger Tyler, Asst. Atty. Gen., Austin, Tex., for intervenor-appellee.

Before GOLDBERG and DYER, Circuit Judges, and GROOMS, District Judge.

DYER, Circuit Judge:

Plaintiffs appeal from the District Court's dismissal of their complaint, in which they sought the empanelling of a three-judge court to declare unconstitutional and to restrain and enjoin the enforcement of Chapter 7, Title 128, and Articles 3266 and 3268, Vernon's Ann. Texas Revised Statutes, 1925. In the District Court and in this Court, plaintiffs have asserted that the Texas statutes, which provide for organization and operation of drainage...

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