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DRUMMOND v. FULTON CTY. DEPT. OF F. & CHILD. SERV.

No. 76-1888.

547 F.2d 835 (1977)

Robert George DRUMMOND and Mildred Pauline Drummond, Plaintiffs-Appellants, v. FULTON COUNTY DEPARTMENT OF FAMILY AND CHILDREN'S SERVICES, et al., etc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Dissenting Opinion February 11, 1977.

Rehearing Granted March 28, 1977.

Attorney(s) appearing for the Case

Margie Pitts Hames, Neil Bradley, Atlanta, Ga., for plaintiffs-appellants.

Robert L. Mote, Daniel S. Reinhardt, Atlanta, Ga., for defendants-appellees.

Alan R. Turem, Atlanta, Ga. (Court-appointed not under the Act), Andrew R. Kirschner, Atlanta, Ga., special counsel for interest of Child Timmy.

Before TUTTLE, GOLDBERG and RONEY, Circuit Judges.

Rehearing En Banc Granted March 28, 1977.

TUTTLE, Circuit Judge:

This appeal presents the question whether the federal courts can give relief to white foster parents who contend that they have been unconstitutionally denied by Georgia state officials the right to adopt a mixed race child solely on account of race. Neither the trial court nor this Court has the desire nor the authority to second-guess the Department of Family and Children Services on the fitness...

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