SHULTS v. STATE OF TEX.

No. 84-1876. Summary Calendar.

762 F.2d 449 (1985)

Jerry SHULTS and J.W. Phillips, Plaintiffs-Appellants, v. The STATE OF TEXAS, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 10, 1985.


Attorney(s) appearing for the Case

Mike Aranson, Frank Shor, Dallas, Tex., for plaintiffs-appellants.

Jim Mattox, Atty. Gen., Ann Kraatz, Asst. Atty. Gen., Austin, Tex., for State of Texas.

Kent S. Hofmeister, Dallas, Tex., for Billy D. Prince, Chief of Police, Dallas, Tex.

Before RUBIN, RANDALL, and TATE, Circuit Judges.


TATE, Circuit Judge:

The plaintiffs Jerry Shults and J.W. Phillips filed this declaratory judgment action against the State of Texas and Jack Revill, in his official capacity as Police Chief of the Dallas Police Department,1 challenging the constitutionality of the forfeiture provisions of the Texas Controlled Substances Act, Tex.Rev.Civ.Stat.Ann. art. 4476-15 §§ 5.03-5.08 (Vernon Supp.1985). The plaintiffs argued that the forfeiture...

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