HARDIN v. BRISCOE

No. 73-3753.

504 F.2d 885 (1974)

Charles E. HARDIN et al., Plaintiffs-Appellants, v. Dolph BRISCOE, Governor of the State of Texas, et al., etc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 5, 1974.


Attorney(s) appearing for the Case

Jack C. Wessler, Ft. Worth, Tex. (Court appointed — not under act), for plaintiffs-appellants.

John L. Hill, Atty. Gen., Andrew W. Carruthers, Ben Harrison, Asst. Attys. Gen., Austin, Tex., for defendants-appellees.

Before BROWN, Chief Judge, and AINSWORTH and DYER, Circuit Judges.


PER CURIAM:

This appeal questions the extent of a Trial Judge's discretionary latitude to dismiss an action under F.R.Civ.P. 41 for plaintiff's failure to comply with an order of the Court.

Hardin, a state prisoner, brought this class action in July 1973 attacking the enhancement provisions of the Texas Penal Code1 as violative of equal protection. He asserted that these provisions have been applied with impermissible discrimination...

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