SPARKS v. DUVAL COUNTY RANCH CO., INC.

No. 77-1249.

604 F.2d 976 (1979)

Sidney A. SPARKS, R. L. Lynd, d/b/a Sidney A. Sparks, Trustee, Plaintiffs-Appellants, v. DUVAL COUNTY RANCH COMPANY, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 14, 1979.


Attorney(s) appearing for the Case

Garland F. Smith, Weslaco, Tex., Patrick G. Rehmet, Alice, Tex., for plaintiffs-appellants.

Finley L. Edmonds, Corpus Christi, Tex., for Dennis.

Mark White, Atty. Gen. of Tex., Laura J. Martin, Austin, Tex., for Carrillo.

Clarence Martens, pro se.

Raul Garcia, Alice, Tex., for Manges and Duval County Ranch.

Before BROWN, Chief Judge, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, and KRAVITCH, Circuit Judges.


GEE, Circuit Judge:

We consider this case en banc to review the holding of our panel that private citizens, in conspiring with a state judge, did not conspire with any person against whom a claim valid under 42 U.S.C. § 1983 could be stated and thus themselves were entitled to dismissal of claims made against them under that statute. The panel, like the district court, acted under constraint of our prior opinions, opinions that it could not properly overrule...

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