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RIOS v. DILLMAN

No. 74-1136. Summary Calendar.

499 F.2d 329 (1974)

Jose RIOS, et al., Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Dr. Everett G. DILLMAN, etc., et al., etc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 23, 1974.

Attorney(s) appearing for the Case

Bart Cox, Am. Civ. Liberties Union, El Paso, Tex., for plaintiffs-appellants.

Travis White, City Atty., John C. Ross, Jr., Wade Adkins, Michael F. Ainsa, Asst. City Attys., El Paso, Tex., for defendants-appellees.

Before WISDOM, GOLDBERG and GEE, Circuit Judges.

GOLDBERG, Circuit Judge:

This case comes to us as an appeal from an order dismissing plaintiffs' complaint for failure to state a claim upon which relief can be granted, Fed.R.Civ.Pro. 12(b)(6).1 The focus of our review is simple. In testing the sufficiency of a complaint against a 12(b)(6) motion to dismiss, the trial court must utilize the now familiar litmus from Conley v. Gibson, 1957,

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