HILL v. CITY OF EL PASO, TEXAS

No. 29844.

437 F.2d 352 (1971)

Joe HILL, Individually and d/b/a A-1 Auto Enterprises, Plaintiff-Appellant, v. CITY OF EL PASO, TEXAS, George Rodriguez, Jr., Municipal Court Judge for the City of El Paso, Texas and Myron Davis, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 5, 1971.


Attorney(s) appearing for the Case

Gerald B. Shifrin, El Paso, Tex., for plaintiff-appellant.

Travis White, City Atty., John C. Ross, Wade Adkins, Asst. City Attys., El Paso, Tex., for City of El Paso and George Rodriguez, Jr.

Before JONES, GEWIN and CLARK, Circuit Judges.


CLARK, Circuit Judge:

It is difficult to appreciate immediately that the resolution of a question so mundane as what constitutes "junk" in El Paso, Texas could create a legal Hydra. The proliferating problems and obstacles stem from the notion by one litigant that he will somehow fare better in a federal forum than in pending State court civil and criminal proceedings, because it ignores the basic truth that neither the State nor the federal court systems can discharge...

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