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PIETZSCH v. MATTOX

No. 83-2063 Summary Calendar.

719 F.2d 129 (1983)

William PIETZSCH, et al., Plaintiffs-Appellants, v. Jim MATTOX, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 23, 1984.

Attorney(s) appearing for the Case

James L. Steele, James R. Walker, Houston, Tex., for Pietzsch.

Glen Van Slyke, Eliot D. Shavin, Houston, Tex., for Sullivan.

Leslie A. Benitez, Asst. Atty. Gen., Austin, Tex., for Mattox, Clements and Strake.

Susan Spruce, Asst. Dist. Atty., Houston, Tex., for Holmes.

John E. Fisher, John J. Hightower, Asst. City Atty., Houston, Tex., for Johnson and Brown.

Before BROWN, TATE and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 23, 1984.

JOHN R. BROWN, Circuit Judge:

Appellants William Pietzsch and Joseph Sullivan, supporters of the Revolutionary Communist Party and sidewalk sellers of its weekly newspaper, Revolutionary Worker, filed an action under 42 U.S.C. § 1983, seeking declaratory and injunctive relief to prevent enforcement of Tex.Penal Code Ann. §§ 42.03 and 42.04 (Vernon 1974), Texas statutes prohibiting...

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