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LONGORIA BY LONGORIA v. WILSON

No. 82-2127.

730 F.2d 300 (1984)

Eddie LONGORIA, Deceased, by Elias LONGORIA, As Temporary Administrator of his Estate, Plaintiff-Appellee, v. B.T. WILSON, Individually and in his official capacity as a Police Officer of the City of McAllen, Texas, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 30, 1984.

Attorney(s) appearing for the Case

John E. Lewis, B. Buck Pettitt, McAllen, Tex., for defendant-appellant.

James C. Harrington, Austin, Tex., for plaintiff-appellee.

Before BROWN, WISDOM and JOHNSON, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

In this appeal from an award of liability in a civil rights case, B.T. Wilson contends that the District Court erred in failing to conduct an evidentiary hearing regarding the existence of a post-judgment settlement. We agree, thus, we vacate and remand for that purpose. Wilson also asserts error on three independent bases: first, he claims that certain testimony should have been inadmissible at trial under the Texas Dead Man's Statute...

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