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HERWALD v. SCHWEIKER

No. 80-1505.

658 F.2d 359 (1981)

Edward HERWALD, etc., Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary, Health and Human Services, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

October 7, 1981.

Attorney(s) appearing for the Case

James B. Lamb, John C. Cowley, Waco-McLennan County Legal Aid, Waco, Tex., for plaintiff-appellant.

Frank C. Cooksey, Austin, Tex., for NLCI & RNDC, JE & MT.

Ann Clarke Snell, David H. Young, Asst. Attys. Gen., Austin, Tex., for JC.

Before MARKEY, Chief Judge, and GEE and POLITZ, Circuit Judges.

GEE, Circuit Judge:

Edward Herwald, on behalf of his 51-year-old severely retarded son, Ernest, appeals from the denial of a preliminary injunction to prevent Ernest's release from the Robinson Nursing and Convalescent Center in Waco, Texas, pending resolution of plaintiffs' underlying claims. Plaintiffs requested the injunction as a step in their suit filed against the Secretary of the then Department of Health, Education and Welfare (now Health and Human Services...

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