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DOE v. PLYLER

No. 78-3311.

628 F.2d 448 (1980)

J. and R. DOE, as Guardian Ad Litem for I. Doe, et al., Plaintiffs-Appellees, v. James PLYLER, Superintendent of the Tyler Independent School District and its Board of Trustees, et al., Defendants-Appellants, and State of Texas, Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 17, 1980.

Attorney(s) appearing for the Case

John C. Hardy, Tyler, Tex., for Tyler.

Richard L. Arnett, Susan J. Dasher, Asst. Attys. Gen., State of Texas, Austin, Tex., for State of Texas.

Antonio Guajardo, Kelly Frels, Timothy T. Cooper, Houston, Tex., for Houston Independent School Dist., amici curiae.

Hurst Hannum, Washington, D.C., for Intern. Human Rights Law Group.

Peter D. Roos, Linda Hanten, San Francisco, Cal., Larry R. Daves, Tyler, Tex., Vilma S. Martinez, San Francisco, Cal., for Mexican-American Legal Defense.

Drews S. Days, III, Asst. Atty. Gen., Mark Gross, Brian Landsberg, Jessica Silver, Appellate Section, Civil Rights Div., U.S. Dept. of Justice, Washington, D.C., for amicus curiae.

Robert J. Kenney, Jr., Sara-Ann Determan, Paul S. Ryerson, Carol A. Cichowski, Washington, D.C., Antonio Guajardo, Houston, Tex., for Nat. Ed. Ass'n, et al.

Before DYER, FRANK M. JOHNSON, Jr., and POLITZ, Circuit Judges.

FRANK M. JOHNSON, Jr., Circuit Judge:

Through Section 21.031 of the Texas Education Code, the State of Texas commands the free public education of its children. The State, however, extends that command only to those children legally within its borders.1 Texas has declined to provide financial aid for the education of alien children who are unable to document the legality of their presence.

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