MONTOYA v. JOHNSTON

Civ. A. No. A-87-CA-97.

654 F.Supp. 511 (1987)

Velia MONTOYA and Ricardo Montoya as next friend of Janette Montoya, and Patricia Blizzard and Paul Blizzard as next friend of Jenny Blizzard, Plaintiffs, v. Marlin W. JOHNSTON; Commissioner, State Office, Texas Department of Human Services; J. Livingston Kosberg, Vicky Garza, and Robert Mosbacher, Board Members of the Texas Department of Human Services, Defendants.

United States District Court, W.D. Texas, Austin Division.

February 23, 1987.


Attorney(s) appearing for the Case

Marvin Rogers & Melinda J. Davis, West Texas Legal Services, Lubbock, Tex., and William K. Kimble, West Texas Legal Services, Fort Worth, Tex., for plaintiffs.

Gus Lyons & Ana Pozo, Atty. General's Office, State of Tex., Austin, Tex., for defendants.


MEMORANDUM OPINION AND ORDER

WALTER S. SMITH, Jr., District Judge.

This action for injunctive relief came before the Court on February 18, 1987. Based on the admitted evidence, stipulations of fact and arguments of counsel, the Court makes the following findings of fact and conclusions of law pursuant to Fed.R. Civ.P. 52(a).

I. Factual Background

The Plaintiffs, Janette Montoya and Jenny Blizzard, ages six months and six years respectively...

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