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ABBOTT v. THETFORD

No. 73-1894.

534 F.2d 1101 (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 (John W. Davis, III, substituted for William F. Thetford in his official capacity as Judge of the Family Court of Montgomery County, Alabama), Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 6, 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. Ass'n of Social Workers amicus curiae.

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

Richard H. Dorrough, Robert B. Stewart, Montgomery, Ala., for defendants-appellees.

Before BROWN, Chief Judge, GEWIN, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, DYER, MORGAN, CLARK, RONEY, GEE, TJOFLAT and HILL, Circuit Judges.

PER CURIAM:

The majority panel opinion in this cause, 529 F.2d 695-702 is reversed, vacated and set aside. The Court en banc adopts as its opinion the dissenting opinion of Judge Gewin, 529 F.2d 702-709 [from which the syllabus paragraphs are drawn]. Accordingly the judgment of the district court, 354 F.Supp. 1280 (M.D.Ala.1973) is AFFIRMED.

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