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ALLEN v. SISTERS OF SAINT JOSEPH

No. 73-2371.

490 F.2d 81 (1974)

Bernice ALLEN, Plaintiff-Appellant, v. SISTERS OF SAINT JOSEPH, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 1, 1974.

Attorney(s) appearing for the Case

Thomas J. Griffith, Lubbock, Tex., for plaintiff-appellant.

Charles B. Jones, Bobby J. Moody, Lubbock, Tex., for defendant-appellee.

Before THORNBERRY, GOLDBERG and INGRAHAM, Circuit Judges.

PER CURIAM:

Plaintiff Bernice Allen brought this suit under 42 U.S.C. § 1983 and 28 U.S. C. § 1343, seeking to compel the defendant, Sisters of St. Joseph, who operate St. Mary of the Plains Hospital in Lubbock, Texas, to make its facilities available for the performance of a tubal ligation sterilization. The district court held that there was no action "under color of state law" as required by the terms of the statutes and therefore denied relief.

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