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JACOBS v. HUIE

Civ. A. No. CA-3-75-0345-G.

447 F.Supp. 478 (1976)

Penny JACOBS, Plaintiff, v. H. K. HUIE, Jr., d/b/a Huie Properties, Defendant.

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

April 27, 1976.

Attorney(s) appearing for the Case

Dallas Legal Services Foundation, Inc. by Michael M. Daniel and Carol M. Barger, Dallas, Tex., for plaintiff.

William V. Counts, Lane, Savage, Counts & Winn, Dallas, Tex., for defendant.

John L. Hill, Atty. Gen., David M. Kendall, First Asst. Atty. Gen., Joe B. Dibrell by Marianne Wesson Cantrick, Asst. Attys. Gen., Austin, Tex., for intervenor.

MEMORANDUM OPINION

PATRICK E. HIGGINBOTHAM, District Judge.

Penny Jacobs1 has brought this suit against her former landlord seeking damages and a judicial determination that a statute of the State of Texas is constitutionally infirm. The case turns on the presence or absence of state action, a principle doomed to conceptual adolescence operating as it does, as an adjusting screw between state-federal sovereignties.

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