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VAN OOTEGHEM v. GRAY

Nos. 84-2343, 84-2653.

774 F.2d 1332 (1985)

Gary John VAN OOTEGHEM, Plaintiff-Appellee, v. Hartsell GRAY, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 29, 1985.

Attorney(s) appearing for the Case

Mike Driscoll, Billy E. Lee, Co. Attys., Houston, Tex., for defendants-appellants.

Bickerstaff, Heath & Smiley, Steve Bickerstaff, Ann Clarke Snell, Larry Sauer, Austin, Tex., J. Patrick Wiseman, David Cunningham, Houston, Tex., for plaintiff-appellee.

Henry J. Voegtle, III, Dist. Attys. Office, Dallas, Tex., for amicus Wade.

Before GOLDBERG, JOLLY and HIGGINBOTHAM, Circuit Judges.

HIGGINBOTHAM, Circuit Judge:

We decide today that a Texas county is liable for the County Treasurer's unconstitutional firing of an employee of his office, but that the equitable remedy of reinstatement is not appropriate when a new County Treasurer with the right to appoint his own staff has subsequently been elected. We also conclude that plaintiff's counsel fees in this case were improperly calculated.

I

The facts giving rise to this protracted...

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