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BUCHANAN v. BATCHELOR

Civ. A. No. 3-3179-B.

308 F.Supp. 729 (1970)

Alvin Leon BUCHANAN et al., v. Charles BATCHELOR, Chief of Police et al.

United States District Court, N. D. Texas, Dallas Division.

January 21, 1970.

Attorney(s) appearing for the Case

Henry J. McCluskey, Jr., Dallas, Tex., George Schatzki, Austin, Tex., for plaintiffs.

Henry Wade, Dist. Atty., John B. Tolle, Thomas B. Thorpe, Asst. Dist. Attys., Dallas, Tex., Crawford C. Martin, Atty. Gen., Bennie Bock, II, Asst. Atty. Gen., Austin, Tex., for defendants.

Before GOLDBERG, Circuit Judge, and HUGHES and TAYLOR, District Judges.

HUGHES, District Judge.

This case involves the constitutionality of Article 524 of the Vernon's Ann. Texas Penal Code defining the offense of "Sodomy."

Plaintiff, Alvin Leon Buchanan, a confessed homosexual, had twice been arrested and charged under Article 524 of the Texas Penal Code for acts of sodomy with another male in public restrooms in Dallas, Texas. He requested the designation of a three-judge court and prayed (1) for preliminary and permanent injunctions...

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