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SMITH v. EDMISTON

No. C-76-78.

431 F.Supp. 941 (1977)

Acie SMITH, Sr., et al., Plaintiffs, v. Peggy EDMISTON, Shelby County Director of the Tennessee Department of Human Services, et al., Defendants.

United States District Court, W. D. Tennessee, W. D.

March 30, 1977.

Attorney(s) appearing for the Case

Thomas M. Daniel, Memphis and Shelby County Legal Services Ass'n, R. Larry Brown, Memphis, Tenn., for plaintiffs.

James A. Hornsby, Tenn. Dept. of Human Services, Memphis, Tenn., John F. Southworth, Jr., Asst. Atty. Gen., Nashville, Tenn., for defendants.

J. Minor Tait, Jr., Memphis, Tenn., for Hon. Kenneth Turner.

MEMORANDUM DECISION

McRAE, District Judge.

This is a case which considers the minimal due process requirements pertaining to phases of the proceedings in the Juvenile Court of Memphis and Shelby County, Tennessee, for the removal of children from the custody of their natural parents. More specifically, the issues to be determined are whether indigent parents have a right to be represented by Court-appointed attorneys in custody removal hearings, and whether...

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