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GRAHAM v. COLE

No. 73-1309 Summary Calendar.

483 F.2d 255 (1973)

Zella Mae GRAHAM, etc., Plaintiff-Appellant, v. Robert R. COLE, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 10, 1973.

Attorney(s) appearing for the Case

Douglas R. Larson, Ed J. Polk, Dallas, Tex., Warren Burnett, Odessa, Tex., Edward W. Dunbar, Dallas Legal Services Federation, Inc., Dallas, Tex., for plaintiff-appellant.

Lonny F. Zwiener, Asst. Atty. Gen. of Texas, Austin, Tex., Earl Luna, Robert W. Porter, Gerald Weatherly, Asst. Dist. Atty. of Dallas County, Frank L. Skillern, Jr., Richard J. Corbitt, III, Dallas, Tex., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

PER CURIAM:

Having reviewed the record in this case we find that at least one defendant, District Attorney Wade of Dallas County, still has pending against him in the District Court so much of the lawsuit as seeks declaratory and injunctive relief. No certificate under F.R.Civ.P. 54(b) has been or could properly have been made on this record which is sparse and fails to provide a factual basis for the Court's findings, there being neither testimony nor affidavits...

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