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JOINER v. CITY OF DALLAS

No. CA 3-4322-B.

380 F.Supp. 754 (1974)

Fred and Dorothy JOINER et al. v. CITY OF DALLAS et al.

United States District Court, N. D. Texas, Dallas Division.

August 16, 1974.

Attorney(s) appearing for the Case

Jay M. Vogelson, Dallas, Tex., for plaintiffs; Charles J. Morris, John E. Kennedy, John F. Jordan, Aglaia D. Mauzy, Dallas, Tex., of counsel.

N. Alex Bickley and Joseph G. Werner, Dallas, Tex., for defendants City of Dallas, Wes Wise (Mayor), City Council of Dallas, George Schrader (City Manager), Park Board of Dallas, and Alex Bickley (City Attorney).

John W. Clark, Jr., Dallas, Tex., for defendant State Fair of Texas.

John W. Clark, Jr., Dallas, Tex., for defendant Robert B. Cullum.

John Hill, Atty. Gen., and Max P. Flusche, Asst. Atty. Gen., for intervenor State of Texas.

Before GOLDBERG, Circuit Judge, and HUGHES and HILL, District Judges.

OPINION OF THE COURT

PER CURIAM:

Threatened with loss of their homes and property, plaintiffs have come to this court for help in stopping the municipal bulldozer. They present a multifaceted challenge to the constitutionality of Vernon's Tex.Rev.Civ.Stat.Ann. arts. 3264-3271, which outline the statutory procedure governing the appropriation of property through eminent domain, and art. 6081e, which grants to municipal corporations the authority to commence...

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