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TATRO v. STATE OF TEXAS

No. 80-1069.

625 F.2d 557 (1980)

Henri and Mary TATRO et al., Plaintiffs-Appellants, v. The STATE OF TEXAS et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 17, 1980.

Attorney(s) appearing for the Case

Craig T. Enoch, Dallas, Tex., for plaintiffs-appellants.

James W. Deatherage, Irving, Tex., for Irving Independent School District & Bd. of Trustees of Irving, et al.

O. Glenn Weaver, Irving, Tex., for J. F. Townley.

Martha H. Allan, Asst. Atty. Gen., Austin, Tex., for State of Texas & Texas Ed. Agency.

Before GOLDBERG, TATE, and SAM D. JOHNSON, Circuit Judges.

GOLDBERG, Circuit Judge:

Amber Tatro is a four-years-old child who suffers from myelomeningocele, a birth defect commonly known as spina bifida.1 As a result of this congenital defect, Amber suffers from orthopedic and speech handicaps and from a neurogenic bladder. This latter condition prevents Amber from being able to empty her bladder voluntarily. As a result, Amber must be catheterized every three to four hours in order to function...

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