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MUZQUIZ v. CITY OF SAN ANTONIO

No. 74-3177.

586 F.2d 529 (1978)

Raymond MUZQUIZ et al., Plaintiffs-Appellants, v. CITY OF SAN ANTONIO et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 20, 1978.

Attorney(s) appearing for the Case

Kermitt L. Waters, Las Vegas, Nev., for plaintiffs-appellants.

Harvey L. Hardy, San Antonio, Tex., for defendants-appellees.

Edgar A. Pfeil, Asst. City Atty., San Antonio, Tex., for City of San Antonio.

John E. Fisher, Asst. City Atty., Houston, Tex., for City of Houston et al., amicus curiae.

Before BROWN, Chief Judge, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, CLARK, RONEY, GEE and TJOFLAT, Circuit Judges.

PER CURIAM:

In Muzquiz v. City of San Antonio, 5 Cir., 1975, 520 F.2d 993, a panel of this Court held that the Board of Trustees of the policemen's and firemen's pension fund was a "person" within the meaning of 42 U.S.C.A. § 1983. Having made this determination, the Court further found that plaintiff's claims of constitutional violations held no merit.1

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