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SMITH v. HIGHTOWER

No. 82-2121.

693 F.2d 359 (1982)

J.B. SMITH, Plaintiff-Appellee, v. Keith HIGHTOWER, et al., Defendants, Hunter B. Brush, Alvin G. Khoury, Alan L. Manning, and Galloway Calhoun, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 22, 1982.

Attorney(s) appearing for the Case

Charles H. Clark, Tyler, Tex., for Brush & Manning.

Douglas M. Becker, Asst. Atty. Gen., Austin, Tex., for Khoury & Calhoun.

Joe Tunnell, Tyler, Tex., John W. Tunnell, Austin, Tex., Wilton H. Fair, Tyler, Tex., for plaintiff-appellee.

David Crump, Houston, Tex., University of Houston, for Texas Dist. & County Attys. Ass'n.

Frederick M. Schattman, Fort Worth, Tex., for Texas Prosecutors Council.

Before BROWN, WISDOM and RANDALL, Circuit Judges.

WISDOM, Circuit Judge:

This is not a run-of-the-mill case. It involves an action under 42 U.S.C. § 1983 by J.B. Smith, the elected Sheriff of Smith County, Texas, to enjoin removal proceedings and a state criminal prosecution against him. Sheriff Smith has admitted to committing unlawful and reprehensible acts, including pouring gasoline on a car in order to burn it and threatening to kill an investigator of the local district attorney, but he continues to serve...

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