LIVINGSTON v. WESTERN SURETY COMPANY

No. 78-2820.

620 F.2d 52 (1980)

William Kyle LIVINGSTON, Jr., Plaintiff-Appellant, v. WESTERN SURETY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 23, 1980.


Attorney(s) appearing for the Case

Travis Buckley, Laurel, Miss., for plaintiff-appellant.

Rushton, Stakely, Johnston & Garrett, Charles A. Stakely, James T. Upchurch, III, Montgomery, Ala., for defendant-appellee.

Before GODBOLD, TJOFLAT and SAM D. JOHNSON, Circuit Judges.


PER CURIAM:

This case is an effort to sue a surety on its bond as a civil rights action under 42 U.S.C. § 1983 (1976). Western Surety Company is the surety on a $10,000 bond guaranteeing faithful performance of duty by the Attorney General of Alabama, William J. Baxley, during his term of office. The jurisdiction of the district court was invoked pursuant to 28 U.S.C. §§ 1331 and 1343 (1976). The complaint alleged that Baxley and others conspired to...

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