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ARREDONDO v. BROCKETTE

No. 80-1031.

648 F.2d 425 (1981)

Maria ARREDONDO, et al., Plaintiffs-Appellants, v. M. L. BROCKETTE, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

June 19, 1981.

Attorney(s) appearing for the Case

Edward J. Tuddenham, Texas Rural Legal Aid, Inc., Hereford, Tex., for plaintiffs-appellants.

Fortunato P. Benavides, McAllen, Tex., for Pharr-San Juan-Alamo Independent School Dist.

Gregory Wilson, Asst. Atty. Gen., Austin, Tex., Travis Hiester, Mario E. Ramirez, Jr., McAllen, Tex., for defendants-appellees.

Before BROWN, GEWIN and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

The sole issue in this case is the constitutionality vel non of Tex.Educ.Code Ann. tit. 2, § 21.031(d) (Vernon Supp. 1978), which provides:

In order for a person under the age of 18 years to establish a residence for the purpose of attending the public free schools separate and apart from his parent, guardian, or other person having lawful control of him under an order of a court, it must be established that his presence...

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