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FRANKS v. SMITH

No. 82-4572.

721 F.2d 153 (1983)

J.D. FRANKS and Margaret Franks, Plaintiffs-Appellants, v. Van SMITH, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 12, 1983.

Attorney(s) appearing for the Case

Jim Waide, West Point, Miss., for plaintiffs-appellants.

James M. Ward, Starkville, Miss., for defendants-appellees.

P. Roger Googe, Asst. Atty. Gen., Jackson, Miss., William H. Ward, Starkville, Miss., for Michael McCormick.

Before CLARK, Chief Judge, RUBIN and JOLLY, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

J.D. and Margaret Franks, appellants, petition this court for rehearing, asking that it modify its previous holding in their section 1983 suit that their fourteenth amendment claim is essentially one for custody of a child and thus beyond the jurisdiction of federal courts. See Franks v. Smith, 717 F.2d 183 (5th Cir.1983). They argue...

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