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DeSPAIN v. JOHNSTON

No. 82-2418.

731 F.2d 1171 (1984)

Joseph DeSPAIN, et al., Plaintiffs-Appellees Cross-Appellants, v. Marlin JOHNSTON, et al., Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 14, 1984.

Attorney(s) appearing for the Case

James C. Todd, Asst. Atty. Gen., Austin, Tex., for Johnston et al.

David Crump, Atty., Legal Foundation of America, Houston, Tex., for amicus Gulf & Great Plains.

Harry H. Walsh, Huntsville, Tex., for Joseph Despain.

Before WISDOM, REAVLEY and JOHNSON, Circuit Judges.

WISDOM, Circuit Judge:

Joseph and Gail DeSpain instituted this action in federal court challenging the constitutionality of the procedures used to investigate and record alleged incidents of child abuse in Texas.1 The plaintiffs sought injunctive relief, damages for alleged violation of their civil rights under 42 U.S.C. § 1983, declaratory relief, that §§ 34.05, 34.06, and 34.07 of the Texas Family Code are unconstitutional...

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