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RHEUARK v. SHAW

No. 76-1486.

547 F.2d 1257 (1977)

Jack RHEUARK, Plaintiff-Appellant, v. Bill SHAW, Clerk of Dallas County Court, and the State of Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 3, 1977.

Attorney(s) appearing for the Case

Jack Rheuark, pro se.

John T. Mitchell, Dallas, Tex. (Court-appointed—not under the act), for plaintiff-appellant.

Henry Wade, Criminal District Atty., Dallas, Tex., for defendants-appellees.

Before MORGAN and HILL, Circuit Judges, and NOEL, District Judge.

JAMES C. HILL, Circuit Judge:

The issue in this case is whether a prisoner's suit for damages and injunctive relief against a state court clerk and court stenographer for their alleged failure to forward a state trial court transcript to the state appellate court is in the nature of a civil rights suit or a habeas corpus petition. Since we conclude that the action is in the nature of a civil rights suit, we reverse the dismissal by the district court and remand for...

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