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KRAMER v. PRICE

No. 82-1185.

723 F.2d 1164 (1984)

Shirley KRAMER, Petitioner-Appellee, v. Tom PRICE, Judge, County Criminal Court No. 5, and Carl Thomas, Sheriff, Dallas County, Texas, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

January 30, 1984.

Attorney(s) appearing for the Case

Douglas M. Becker, Charles A. Palmer, Asst. Attys. Gen., Austin, Tex., for respondents-appellants.

Paul H. Chitwood, Dallas, Tex., for petitioner-appellee.

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

PER CURIAM:

After the panel decision in this case, reported at 712 F.2d 174 (5th Cir.1983), was vacated by our grant of rehearing en banc, the Texas statute at issue was repealed and replaced by another differing from it in many respects — one that it appears would not bear on Kramer's conduct which resulted in her conviction. We are aware of no other case involving the constitutionality of the earlier, now-repealed statute...

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