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FORT BEND INDEPENDENT, ETC. v. CITY OF STAFFORD

No. 78-2346.

594 F.2d 73 (1979)

FORT BEND INDEPENDENT SCHOOL DISTRICT et al., Plaintiffs-Appellees, v. CITY OF STAFFORD et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 31, 1979.

Attorney(s) appearing for the Case

William A. Olson, Houston, Tex., for defendants-appellants.

Reynolds, Allen & Cook, Michael K. Swan, Houston, Tex., for Fort Bend Independent School Dist. & John Duncum.

Hoover, Cox & Miller, Dermot Rigg, Houston, Tex., for Michael McKenzie, Don H. Keasler, Steven C. Keasler, Don McGinity, Willie Walker.

Before AINSWORTH, GODBOLD and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 31, 1979.

GODBOLD, Circuit Judge:

The town of Stafford, Texas, historically a part of the Fort Bend Independent School District (FBISD) determined to break away and form its own school district. The district court enjoined the breakaway. We reverse and remand.

The parties agree that Stafford complied with all relevant state requirements for establishing a school district. Also, Stafford notified the Commissioner...

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