TEXAS ACORN v. TEXAS AREA 5 HEALTH SYSTEMS AGENCY, INC.

No. 77-1717.

565 F.2d 908 (1978)

Texas ACORN and Dini Turley et al., Plaintiffs-Appellees, v. TEXAS AREA 5 HEALTH SYSTEMS AGENCY, INC., Defendant-Appellant, Joseph Califano, as secretary, U. S. Department of Health, Education and Welfare, Defendant-Appellant, Floyd A. Norman, M.D., as Regional Health Administrator, Public Health Service, etc., Defendant.

United States Court of Appeals, Fifth Circuit.

January 6, 1978.


Attorney(s) appearing for the Case

Jerry L. Hughes, Dennis R. Swift, Fort Worth, Tex., Roby Hadden, U. S. Atty., Otis W. Carroll, Jr., Asst. U. S. Atty., Tyler, Tex., Henry L. Gilliam, U. S. Dept. of Health, Ed. & Welfare, Dallas, Tex., William Kanter, Atty., Paul Blankenstein, Atty., Harry R. Silver, Atty., Civil Div., App. Sect., Dept. of Justice, Washington, D. C., for defendant-appellant.

Carl M. Weisbrod, Dallas Legal Services Foundation, Inc., Dallas, Tex., Herbert Semmel, Marilyn G. Rose, Center for Law and Social Policy, Washington, D. C., for plaintiffs-appellees.

William D. Wells, NAACP, New York City, J. Francis Pohlhaus, NAACP, Washington, D. C., for amicus curiae.

Before THORNBERRY, AINSWORTH and RONEY, Circuit Judges.


ON PETITION FOR REHEARING

(Opinion September 23, 1977, 5 Cir., 1977, 559 F.2d 1019).

PER CURIAM:

In response to appellees' petition, we write briefly to clarify two points. First, as we stated in our initial opinion, "[t]he amendment to 28 U.S.C. § 1331(a) removes the amount-in-controversy requirement as to the federal defendant but it has no effect on the HSA." 559...

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