SANTILLANA v. WILLIAMS

No. 78-3829 Summary Calendar.

599 F.2d 634 (1979)

Guillermo G. SANTILLANA, Plaintiff-Appellee, v. Herbert M. WILLIAMS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 25, 1979.


Attorney(s) appearing for the Case

Jim Denison, Harlingen, Tex., for defendant-appellant.

Thomas G. Sharpe, Jr., Brownsville, Tex., for plaintiff-appellee.

Before GOLDBERG, RONEY and TJOFLAT, Circuit Judges.


PER CURIAM:

In this diversity case decided under Texas substantive law, a carefully instructed jury found that defendant had knowingly made a false statement to the sheriff in violation of a state statute, Tex.Penal Code Ann. § 37.08, which resulted in the incarceration of plaintiff, who was almost immediately released when the charges were dismissed. It assessed $10,000 against defendant.

The controlling issue on appeal is whether there is such a cause...

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