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ABBOTT v. THETFORD

No. 73-1894.

529 F.2d 695 (1976)

C. D. (Denny) ABBOTT, Plaintiff-Appellant, v. William F. THETFORD, Individually and in his official capacity as Judge of the Family Court of Montgomery County, Alabama, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted April 21, 1976.

Attorney(s) appearing for the Case

Howard A. Mandell, Montgomery, Ala., for plaintiff-appellant.

Neil Bradley, Laughlin McDonald, Morris Brown, Emily Carssow, Atlanta, Ga., for Tenn. Valley Unit of Ala. Chapter of Nat'l. Assoc. of Soc. Workers, amicus curiae.

Jack Greenberg, James M. Nabrit, III, Ann Wagner, New York City, for NAACP, amicus curiae.

Richard H. Dorrough, Robert B. Stewart, Montgomery, Ala., for defendant-appellee.

Before BROWN, Chief Judge, GEWIN and GOLDBERG, Circuit Judges.

Rehearing En Banc Granted April 21, 1976.

JOHN R. BROWN, Chief Judge:

On November 17, 1972, C. D. (Denny) Abbott, then Chief Probation Officer of the Circuit Court of Montgomery County, Alabama, Domestic Relations Division, filed a civil action in Federal District Court on behalf of three minor black children charging that racially discriminatory admission policies were maintained by the Alabama Department of Pensions...

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