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THOMAS v. TEXAS STATE BD. OF MEDICAL EXAMINERS

No. 85-1559.

807 F.2d 453 (1987)

John Hall THOMAS, Plaintiff-Appellant, v. TEXAS STATE BOARD OF MEDICAL EXAMINERS, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 8, 1987.

Attorney(s) appearing for the Case

John H. Thomas, pro. se.

Susan A. German, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for defendants-appellees.

Before GOLDBERG, RUBIN, and POLITZ, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

A federal court has "no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given," Chief Justice Marshall wrote for the Supreme Court in Cohens v. Virginia1 165 years ago. While this dictum does not state an inexorable rule, and federal courts yield jurisdiction to state courts when necessary to support constitutional principles of federalism and attendant...

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