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JONES v. WADE

No. 72-1481.

479 F.2d 1176 (1973)

Robert Alan JONES, Individually, Etc., Plaintiff-Appellant, v. Henry WADE, Individually, Etc., and Frank Dyson, Individually, Etc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted August 6, 1973.

Attorney(s) appearing for the Case

Bill Barbisch, Austin, Tex., for plaintiff-appellant.

N. Alex Bickley, Joseph G. Werner, Dallas, Tex., for Dyson.

Edgar A. Mason, Asst. Dist. Atty., Dallas, Tex., for Wade.

John L. Hill, Atty. Gen. of Texas, Jay Floyd, Gilbert J. Pena, Asst. Attys. Gen., Austin, Tex., for State of Texas.

Before TUTTLE, WISDOM and SIMPSON, Circuit Judges.

Rehearing En Banc Granted August 6, 1973.

WISDOM, Circuit Judge:

The question before us is whether a three-judge court should have been convened to decide this case, involving alleged desecration of the American flag in violation of Texas law. This is a jurisdictional matter for the Court of Appeals to decide. We hold that a three-judge court, not a single judge, had jurisdiction to decide the case.

Robert...

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