Court of Appeals for the Fifth Circuit October 7, 1981, 80-1505 (Edward Herwald, Etc. v. Richard S. Schweiker, Secretary, Health and Human Services)

GEE, Circuit Judge:

Edward Herwald, on behalf of his 51-year-old severely retarded son, Ernest, appeals from the denial of a preliminary injunction to prevent Ernest’s release from the Robinson Nursing and Convalescent Center in Waco, Texas, pending resolution of plaintiffs’ underlying claims.