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COMPTON v. NAYLOR

Civ. A. Nos. 3-74-909-B and 3-74-1013-B.

392 F.Supp. 575 (1975)

COMPTON et al. v. Justice Tom NAYLOR et al.

United States District Court, N. D. Texas, Dallas Division.

March 10, 1975.

Attorney(s) appearing for the Case

Carol M. Barger, Michael M. Daniel, Dallas Legal Services, Dallas, Tex., for plaintiffs.

John Tolle, Asst. Dist. Atty., for defendants Tom Naylor, and other Justices of the Peace, all Constables, and Sheriff Clarence Jones.

Max Flusche, Asst. State's Atty. Gen., for intervenor State of Texas.

Richard Johnson, Dallas, Tex., for intervenor CIMCO Management Co.

Before GOLDBERG, Circuit Judge, and HUGHES and PORTER, District Judges.

OPINION OF THE COURT

PER CURIAM:

This action is brought on behalf of all present and potential Forcible Entry and Detainer appellants who are or will be unable to obtain bond to perfect an appeal. It is an assault on the constitutionality of the application of those Texas Rules of Civil Procedure which regulate appeal from Justice Court decisions in Forcible Entry and Detainer (FED) actions. The application of Rules 749-7511...

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