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HENKEL v. BRADSHAW

No. 71-2361.

483 F.2d 1386 (1973)

George Edward HENKEL, Appellee, v. The Honorable Winston L. BRADSHAW, Circuit Court Judge of the Fifth Judicial District of the State of Oregon, Appellant.

United States Court of Appeals, Ninth Circuit.

August 27, 1973.

Attorney(s) appearing for the Case

Lee Johnson, Atty. Gen., John W. Osburn, Sol. Gen., Thomas H. Denney, Asst. Atty. Gen., Salem, Or., for appellant.

Charles J. Merten, of Marmaduke, Aschenbrenner, Merten & Saltveit, H. Jay Folberg, Portland, Or., for appellee.

Before CHAMBERS, ELY and WRIGHT, Circuit Judges.

ELY, Circuit Judge:

This action for injunctive and declaratory relief was initiated by Henkel pursuant to the Civil Rights Act, 42 U.S.C. § 1983.1 The District Court denied injunctive relief but granted a declaratory judgment in Henkel's favor. We reverse.

In July, 1968 Henkel had been ordered by a state trial court to pay $150 per month as child support for his two minor children. On September 16, 1969, after a request by...

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