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COVINGTON v. COLE

No. 75-1660.

528 F.2d 1365 (1976)

Edwin C. COVINGTON, Plaintiff-Appellant, v. Aubrey COLE, Individually and in his official capacity as Sheriff of Jasper County, Texas, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 1, 1976.

Attorney(s) appearing for the Case

Robert H. Mow, Jr., Dallas, Tex. (Court-appointed), for plaintiff-appellant.

Bill A. Martin, Newton, Tex., Richard C. Hile, Jasper, Tex., for defendants-appellees.

Before GOLDBERG and AINSWORTH, Circuit Judges, and NICHOLS, Associate Judge.

Rehearing En Banc Denied June 1, 1976.

GOLDBERG, Circuit Judge:

This is an appeal from a district court order dismissing a complaint which alleged that certain local officials in Texas had deprived Covington of his civil rights. The district court order noted that "the Court is of the opinion that the petition was inadvertently filed in the first instance," but went on to hold that the complaint "fails to state a...

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