HAYS v. McMILLAN

No. CA 3-75-1441-C.

418 F.Supp. 116 (1976)

David Lee HAYS, a minor, through his parent and next friend Ann Hays, et al., Plaintiffs, v. Carl McMILLAN, superintendent of the Wilmer-Hutchins Independent School District, et al., Defendants.

United States District Court, N. D. Texas, Dallas Division.

As Amended July 28, 1976.


Attorney(s) appearing for the Case

William A. McKenzie, McKenzie & Baer, Dallas, Tex., for plaintiffs.

Robert J. Caraway, Dallas, Tex., for WHISD, McMillan & Kyser.

Warren Whitham, Spafford, Gay & Whitham, Dallas, Tex., for Dr. Estes, Bill Hunter and DISD.

Michael P. Carnes, U.S. Atty., William F. Sanderson, Jr., Asst. U.S. Atty., Dallas, Tex., and Rex E. Lee, Asst. Atty. Gen., Stanley D. Rose, David Epstein, Paul T. Michael, Civ. Div., Dept. of Justice, Washington, D.C., for HUD.

Lois C. Bacon, Asst. City Atty., Dallas, Tex., for City of Dallas & Geo. Schrader.

Frank P. Hernandez, Dallas, Tex., for Dallas Housing Authority and Bill Darnall.

John L. Hill, Atty. Gen. of Tex., Roland H. Allen, Asst. Atty. Gen., Austin, Tex., for Dr. Marlin Brockette & TEA.

Marvin Thomas, Dallas, Tex., for Mrs. E. M. Taylor and Board of Education of Dallas County.


MEMORANDUM OPINION AND ORDER

WILLIAM M. TAYLOR, Jr., Chief Judge.

The Court has before it motions, filed by each defendant, to dismiss this suit for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. The essence of the complaint, filed by plaintiffs on November 26, 1975, is that the defendants, either alone or acting together, caused or maintained the existence...

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