CRANE v. STATE OF TEX.

No. 83-1650.

766 F.2d 193 (1985)

Stephen C. CRANE, on behalf of himself and others similarly situated, Plaintiff-Appellee Cross Appellant, v. STATE OF TEXAS, Defendant-Appellant, v. COUNTY OF DALLAS, Ben Ellis, John Orvis, Mike Schwille, Berlaind Brashear and Chuck Miller, Defendants-Appellants Cross Appellees, v. Henry WADE and L.E. Murdoch, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 22, 1985.


Attorney(s) appearing for the Case

Earl Luna, Dallas, Tex., for Ellis et al. and Dallas County.

Jim Mattox, Atty. Gen., Mary F. Keller, Lawrence J. King, Asst. Attys. Gen., Austin, Tex., for State of Tex.

Peter Lesser, Johnston & Larson, Douglas R. Larson, Dallas, Tex., for Crane.

Sue L. Lagarde, Dallas, Tex., for appellees Henry Wade and Larry Murdoch.

Before GEE, WILLIAMS, and JOLLY, Circuit Judges.


ON PETITIONS FOR REHEARING AND SUGGESTIONS FOR REHEARING EN BANC

(Opinion May 2, 1985, 5 Cir., 1985, 759 F.2d 412)

PER CURIAM:

On motion for rehearing, appellant Dallas County advances one contention requiring comment: that a Texas district attorney is an officer of the State of Texas, not of the county in which he serves, and hence that Dallas County is not responsible for the policies which its District Attorney...

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