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McBEE v. JIM HOGG COUNTY, TEX.

No. 81-2465.

730 F.2d 1009 (1984)

Jimmie McBEE, et al., Plaintiffs-Appellees, v. JIM HOGG COUNTY, TEXAS and Gilbert Ybanez, Defendants-Appellants. Javier Alfonso HINOJOSA, et al., Plaintiffs, v. JIM HOGG COUNTY, TEXAS, et al., Defendants.

United States Court of Appeals, Fifth Circuit.

April 30, 1984.

Attorney(s) appearing for the Case

Richard R. Gonzales, Hebbronville, Tex., Donato D. Ramos, Laredo, Tex., for defendants-appellants.

Pope, Pope, Guerrero, Guerrero & Reed, Roger Reed, Rio Grande City, Tex., for plaintiffs-appellees; Rick Fancher, Corpus Christi, Tex., of counsel.

Christopher J. Roy, Alexandria, La., Paul R. Baier, Baton Rouge, La., for amici curiae certain former deputy sheriffs of Natchitoches.

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

GEE, Circuit Judge:

Today we consider what constitutional restraints burden the freedom of a local elected official to reappoint subordinates of his defeated opponent — or to decline to do so.

Facts and State Law

We reiterate only such facts, set out at length in the panel opinion,1 as are necessary to an understanding of our resolution of the issue.

In Jim Hogg County, lying in rural South Texas...

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