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CARTER v. CLARK

No. 78-3231.

616 F.2d 228 (1980)

Albert H. CARTER and Charles B. Chapman, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Jesse E. CLARK, Clerk, United States District Court for the Southern District of Texas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 2, 1980.

Attorney(s) appearing for the Case

Susan F. Hamelin, Dallas, Tex. (Court-appointed), for plaintiffs-appellants.

James R. Gough, Asst. U. S. Atty., Houston, Tex., for defendant-appellee.

Before GEWIN, RUBIN and SAM D. JOHNSON, Circuit Judges.

GEWIN, Circuit Judge:

Appellants Albert Carter and Charles Chapman instituted a class action suit on January 30, 1978 against the clerk of the District Court for the Southern District of Texas seeking a declaratory judgment that a local district court rule was in contravention of 28 U.S.C. § 1746 (1976). The statute provides that in all federal governmental proceedings, written declarations made under "penalty of perjury" were permissible in lieu of sworn affidavits...

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