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DOE v. PLYLER

Civ. A. No. TY-77-261-CA.

458 F.Supp. 569 (1978)

J. and R. DOE as guardian ad litem for I. Doe, J. D. Doe, E. Doe, D. Doe and O. Doe, J. and E. Roe as guardian ad litem for O. Roe, F. Roe, and N. Roe, F. Boe as guardian ad litem for Z. Boe, S. Boe, and X. Boe, H. and J. Loe as guardian ad litem for A. Loe, L. Loe, M. Loe, G. Loe, and R. Loe, on behalf of themselves and others similarly situated, v. James PLYLER, Superintendent of the Tyler Independent School District, in his official capacity, Lewis Lampkin, Charles Childers, Carl Ross, Martin Edwards, Vernon Goss, Michael Breedlove, and Robert Randall, in their official capacity as Members of the Board of Trustees of the Tyler Independent School District.

United States District Court, E. D. Texas, Tyler Division.

September 14, 1978.

Attorney(s) appearing for the Case

Peter D. Roos, Mexican-American Legal Defense Fund, San Francisco, Cal., Larry R. Daves, Tyler, Tex., Michael B. Wise, U. S. Dept. of Justice, Education Section, Civil Rights Division, Washington, D. C., for plaintiffs.

John C. Hardy, Tyler, Tex., Richard L. Arnett, Asst. Atty. Gen., Austin, Tex., for defendants.

MEMORANDUM OPINION

JUSTICE, District Judge.

Procedural History

This civil action began in September, 1977, when plaintiffs, a group of Mexican children who had entered the United States illegally and currently reside in Smith County, Texas,1 sought injunctive and declaratory relief from this court by and through their parents, as next friends, against their exclusion from the public schools in the Tyler Independent...

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