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SAVIDGE BY SAVIDGE v. FINCANNON

No. 84-1753.

768 F.2d 639 (1985)

Jonathan SAVIDGE, by his parents and next friends, Wilbur SAVIDGE and Felicia Savidge, et al., Plaintiffs-Appellants, Cross-Appellees, v. Jaylor FINCANNON, Superintendent, Fort Worth State School, et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

August 15, 1985.

Attorney(s) appearing for the Case

David Ferleger, Philadelphia, Pa., and G. Stanley Cramb, Bedford, Tex., for plaintiffs-appellants, cross-appellees.

Jim Mattox, Atty. Gen., Austin, Tex., and Fred Weldon, Asst. Atty. Gen., Dallas, Tex., for defendants-appellees, cross-appellants.

Before RANDALL, DAVIS, and HILL, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

This curious appeal presents us with a question of judicial housekeeping on which the parties profess to have no strong feelings. Before that question can be intelligibly posed, however, a recounting of the factual and procedural background of this case is necessary.

In June 1980, Jonathan Savidge was admitted to the Fort Worth State School, a facility administered by the Texas Department of Mental Health & Mental Retardation...

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