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WEBSTER v. CITY OF HOUSTON

No. 81-2007.

739 F.2d 993 (1984)

John Russell WEBSTER, et al., Plaintiffs-Appellees, Cross-Appellants, v. The CITY OF HOUSTON, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

August 9, 1984.

Attorney(s) appearing for the Case

David L. Crawford, James K. Gardner, Timothy James, Houston, Tex., for defendant-appellant, cross-appellee.

Harvil & Hardy, Scott A. Sanes, G.P. Hardy, III, Houston, Tex., K. Michael Mayes, Conroe, Tex., for plaintiffs-appellees, cross-appellants.

Before CLARK, Chief Judge, BROWN, GOLDBERG, GEE, RUBIN, REAVLEY, RANDALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY and HIGGINBOTHAM, Circuit Judges.

ON PETITION FOR EN BANC REHEARING

PER CURIAM:

Plaintiff-Appellee John Russell Webster, et al., has petitioned for rehearing and, thereupon, that we limit the remand to the issue of damages. Upon reconsideration we conclude that the Websters should not be penalized, nor their attorneys or the trial judge faulted, for the jury instructions that lacked the refinements of our formulation to govern the imposition of municipal liability stated in the prior en...

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