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JURECZKI v. CITY OF SEABROOK, TEX.

No. 81-2016.

668 F.2d 851 (1982)

Frank JURECZKI, Plaintiff-Appellant, v. The CITY OF SEABROOK, TEXAS; Curtis White, Individually and in Capacity as Building Inspector of the City of Seabrook, Texas; and Bill Kerber, in his Official Capacity as Chief of Police of the City of Seabrook, Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 26, 1982.

Attorney(s) appearing for the Case

Thomas C. Petley, Houston, Tex., for plaintiff-appellant.

Saccomanno, Clegg, Martin & Kipple, Bruce L. James, Martha A. Evans, Houston, Tex., for defendants-appellees.

Before WISDOM, SAM D. JOHNSON and GARWOOD, Circuit Judges.

WISDOM, Circuit Judge:

Frank Jureczki appeals a district court order dismissing his complaint for redress of an alleged violation of his due process rights. We reverse and remand the case to the district court with instructions to conduct a hearing on the defendants' motion to dismiss and on the issue of damages, should there be a trial on the merits.

I.

On August 4, 1980, Frank Jureczki, the plaintiff/appellant, brought an action for equitable relief...

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