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PERVIS v. LaMARQUE INDEPENDENT SCHOOL DISTRICT

No. 71-3434.

466 F.2d 1054 (1972)

Lee PERVIS, by his next friend Mrs. Elvin Pervis, et al., Plaintiffs-Appellants, v. LaMARQUE INDEPENDENT SCHOOL DISTRICT et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 19, 1972.

Attorney(s) appearing for the Case

Nathaniel R. Jones, NAACP, James I. Meyerson, New York City, E. Brice Cunningham, Dallas, Tex., for plaintiffs-appellants.

I. Allen Lerner, LaMarque, Tex., Stanley D. Baskin, Baskin, Fakes & Stanton, Pasadena, Tex., for defendants-appellees.

Crawford Martin, Atty. Gen. of Tex., James C. McCoy, Asst. Atty. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., J. C. Davis, Asst. Atty. Gen., Austin, Tex., for intervenors-appellees.

Before JOHN R. BROWN, Chief Judge, and RIVES and CLARK, Circuit Judges.

RIVES, Circuit Judge:

Again we are asked to intervene in a school discipline case. Two issues are presented on appeal: Whether a three-judge district court is required to hear appellants' cause; and whether procedural due process is satisfied when students who have been suspended from February to the end of the term are not given a hearing until early May. We agree with the district court, 328 F.Supp. 638, that no three-judge...

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