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RHEUARK v. SHAW

No. 79-3213.

628 F.2d 297 (1980)

Jack RHEUARK, John D. Doescher and Robert Allen Jordan, Plaintiffs-Appellees, Cross-Appellants, v. Bill SHAW, Clerk of Dallas County Courts, et al., Defendants, County of Dallas Texas et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

September 24, 1980.

Attorney(s) appearing for the Case

Earl Luna, Dallas, Tex., Iris Jean Jones, Asst. Atty. Gen., Austin, Tex., for defendants-appellants, cross-appellees.

Charles J. Baldree, Asst. Dist. Atty., Dallas, Tex., for Bastas.

Vincent W. Perini, Elizabeth Unger Carlyle, Dallas, Tex., for Rheuark.

Allen, Knuths, Cassell & Short, Tedford E. Kimbell, Dallas, Tex., for Doescher.

Thompson & Knight, Molly Steele Bishop, Dallas, Tex., for Jordan.

Before RUBIN, HENDERSON and REAVLEY, Circuit Judges.

REAVLEY, Circuit Judge:

Jack Rheuark, John Doescher and Robert Jordan were convicted in a Texas state court of various criminal offenses. They each sought to appeal their convictions to the Texas Court of Criminal Appeals, but were frustrated in their endeavors to do so by an inordinate delay in the transcription of the testimony and proceedings of their trials by the court reporter. Rheuark, Doescher and Jordan each filed suit under 42 U.S.C. § 1983 against...

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