McALESTER v. BROWN

No. 72-2480 Summary Calendar.

469 F.2d 1280 (1972)

James Oliver McALESTER et ux., Plaintiffs-Appellants, v. David H. BROWN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 5, 1972.


Attorney(s) appearing for the Case

Eric Weisberg, Denison, Tex., for plaintiffs-appellants.

Joe A. Keith, Sherman, Tex., Charles H. Gullett, Denison, Tex., Ralph Elliott, Sherman, Tex., for defendant-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.


GOLDBERG, Circuit Judge:

This is an appeal from the granting of a motion to dismiss an action brought by plaintiffs-appellants, James Oliver McAlester and Ollie Mae McAlester, against defendant-appellee, Texas District Judge David H. Brown. The dispositive issue is whether on the instant allegations a suit brought under 42 U.S.C. § 1983 is barred by the doctrine of judicial immunity as enunciated in Pierson v. Ray,...

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