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SMITH v. SULLIVAN

No. 78-1660.

611 F.2d 1050 (1980)

Richard B. SMITH, Plaintiff-Appellee, v. Sheriff Mike SULLIVAN, etc., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 14, 1980.

Attorney(s) appearing for the Case

George N. Rodriguez, Jr., County Atty., Michael Patrick Davis, Asst. County Atty., El Paso, Tex., for defendants-appellants.

Bruce J. Ponder, Bruce Hallmark, El Paso, Tex., for plaintiff-appellee.

Before COLEMAN, Chief Judge, FRANK M. JOHNSON, Jr. and POLITZ, Circuit Judges.

FRANK M. JOHNSON, Jr., Circuit Judge:

This is an appeal from a judgment of contempt entered against the sheriff and the members of the commissioners court of El Paso County, Texas, by the United States District Court for the Western District of Texas.

Contempt proceedings were initiated as a result of the defendants' failure to comply with the district court's October 19, 1977, order limiting to 500 the inmate population at the El Paso County jail.

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