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ROWAN v. PINNELL

No. 71-1480.

453 F.2d 963 (1972)

Shirley M. ROWAN, Plaintiff-Appellant, v. Floyd PINNELL et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Amended February 3, 1972.

Attorney(s) appearing for the Case

Maxine T. McConnell, Eugene L. Smith, Walter W. Steele, Jr., Dallas, Tex., for plaintiff-appellant.

Crawford C. Martin, Atty. Gen., Ivan R. Williams, Jr., Asst. Atty. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., J. C. Davis, Asst. Atty. Gen., Austin, Tex., for defendant-appellee State of Tex.

J. Glenn Turner, Jr., James J. Hartnett, of Turner, Hitchins, McInerney, Webb & Hartnett, Dallas, Tex., for defendants-appellees Floyd Pinnell et ux. Jerry Pinnell.

Henry Wade, Crim. Dist. Atty., John B. Tolle, Asst. Dist. Atty., Dallas, Tex., for defendant-appellee Ted Robertson.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

Rowan attacks the constitutionality of the statutory notice procedures of the Texas child custody and adoption statutes, seeking declaratory and injunctive relief by a three judge district court and damages. This appeal is from an order of the district court denying the request for a three judge court and dismissing without prejudice the constitutional claim. We affirm.

Rowan is the mother of Joyce Arms, a six year old child. A petition...

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