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FITZGERALD v. PEEK

No. 78-2705.

636 F.2d 943 (1981)

Ernest Billy FITZGERALD and Marilyn Fitzgerald, Plaintiffs-Appellees, v. M. Randall PEEK, District Attorney Stone Mountain Judicial Circuit, individually and in his official capacity, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 14, 1981.

Attorney(s) appearing for the Case

Hardaway Young, III, Atty., Terry T. Coles, Decatur, Ga., for defendant-appellant.

Frank P. Samford, III, Judith M. Moore, Decatur, Ga., for plaintiffs-appellees.

Before INGRAHAM, RONEY and THOMAS A. CLARK, Circuit Judges.

PER CURIAM:

Plaintiffs, Ernest Billy and Marilyn Fitzgerald, brought suit in federal district court to enjoin state court prosecution allegedly brought in bad faith for purposes of harassing and punishing plaintiffs for having exercised their first amendment rights in criticizing certain public officials in DeKalb County. The district court entered a temporary restraining order and, following a two-day hearing, entered a final order permanently enjoining prosecution...

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