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TROWER v. MAPLE

No. 84-2652 Summary Calendar.

774 F.2d 673 (1985)

Robert D. TROWER, et al., Plaintiffs-Appellants, v. Jim MAPLE, District Attorney of Brazoria County, Texas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 23, 1985.

Attorney(s) appearing for the Case

Charles R. Chesnutt, III, Dallas, Tex., for plaintiffs-appellants.

Jim Mattox, Atty. Gen., Fernando C. Gomez, J. Patrick Wiseman, Austin, Tex., for defendant-appellee.

Before RUBIN, JOHNSON and JONES, Circuit Judges.

OPINION

ALVIN B. RUBIN, Circuit Judge.

The State of Texas is prosecuting two sets of parents for failing to send their children to school. The parents seek to enjoin that prosecution on the basis that it is being conducted in retaliation for the exercise of the parents' constitutional rights. The district court found that the parents had not proved the existence of a retaliatory motive or some other factual basis that would justify enjoining the state prosecution...

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