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MILLER v. CURRY

No. 18586.

625 S.W.2d 84 (1981)

Alice Louise MILLER, et al., Appellants, v. Tim CURRY, District Attorney, Tarrant County, et al., Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied December 16, 1981.

Attorney(s) appearing for the Case

Patrick Emmett Clarke, West Texas Legal Services, Fort Worth, Joe James Sawyer, Colorado Springs, Colo., for appellants.

Tim Curry, Dist. Atty. and Frederick M. Schattman, Asst. Dist. Atty., Lipscomb, Zachry & Kearney, and Cue Lipscomb, Fort Worth, for appellees.

Before JORDAN, HUGHES and RICHARD L. BROWN, JJ.

OPINION

JORDAN, Justice.

Appellants originally sued Tim Curry, District Attorney for Tarrant County, Texas, and Louis Barnett, an assistant District Attorney for Tarrant County, Texas, in their official capacities for damages alleged as a result of violation by the defendants of the plaintiff's civil rights under 42 U.S.C.A. § 1983, the Fourteenth Amendment to the Constitution of the United States, and the Texas Wrongful Death Statute, Tex.Rev. Civ...

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