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WHIRL v. KERN

No. 24897.

407 F.2d 781 (1968)

William WHIRL, Appellant, v. C. V. (Buster) KERN and Fidelity and Deposit Company of Maryland, Appellees.

United States Court of Appeals Fifth Circuit.

As Amended on Denial of Rehearing and Rehearing Denied March 4, 1969.

Attorney(s) appearing for the Case

Charles David Kipple, Clarence F. Kendall, II, Houston, Tex., for appellant, Saccomanno, Clegg, Martin & Kipple, Houston, Tex., of counsel.

William R. Eckhardt, III, James R. Bertrand, Houston, Tex., for appellee C. V. (Buster) Kern, Vinson, Elkins, Weems & Searls, Houston, Tex., of counsel.

Russell Talbott, Houston, Tex., for appellee Fidelity & Deposit Co. of Maryland, Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., of counsel.

Before GOLDBERG and CLAYTON, Circuit Judges, and HANNAY, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc Denied March 4, 1969.

GOLDBERG, Circuit Judge:

We review here, in an action for false imprisonment under Texas law1 and for the deprivation of civil rights under 42 U.S.C.A. § 1983,2 the custodial derelictions of a Texas sheriff.3 The sheriff is accused of wrongfully overextending to an inmate of his jail the hospitality...

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