SERNA v. PORTALES MUNICIPAL SCHOOLS

No. 73-1737.

499 F.2d 1147 (1974)

Judy SERNA, a minor Through her parent and general guardian, Romana Serna, et al., Plaintiffs-Appellees, v. PORTALES MUNICIPAL SCHOOLS et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided July 17, 1974.


Attorney(s) appearing for the Case

Charles A. Pharris, Albuquerque, N. M., for defendants-appellants.

Vilma S. Martinez, San Francisco, Cal. (Sanford Jay Rosen, Alan B. Exelrod, and Michael A. Mendelson, San Francisco, Cal., David W. Bonem, Clovis, N. M., Dan Sosa, Jr., Las Cruces, N. M., on the brief), for plaintiffs-appellees.

C. Emery Cuddy, Jr., Santa Fe, N. M., for amicus curiae State Bd. of Ed.

Before HILL and McWILLIAMS, Circuit Judges, and DURFEE, Judge.


HILL, Circuit Judge.

Appellees in this class action are Spanish surnamed Americans seeking declaratory and injunctive relief against Portales Municipal School District for alleged constitutional and statutory violations committed under color of state law. In particular, appellees contend that appellant-school district has deprived them of their right to equal protection of the laws as guaranteed by the Fourteenth Amendment to the United States Constitution and of...

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