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  5. 757 S.W.2d 687 (1988)
 

LUCAS v. U.S.

No. C-6181.

757 S.W.2d 687 (1988)

Richard LUCAS et al., Petitioners, v. UNITED STATES of America, Respondent.

Supreme Court of Texas.

Concurring Opinion May 25, 1988.

Dissenting Opinion September 21, 1988.

Attorney(s) appearing for the Case

Walter L. Boyaki, Miranda & Boyaki, El Paso, for Lucas.

Jim Mattox, Atty. Gen., Austin.

Irene M. Solet, Bruce G. Forrest, Robert S. Greenspan, Civ. Div., Appellate Staff, Helen M. Eversberg, U.S. Atty., James M. Spears, Deputy Asst. Atty. Gen., Robert S. Greenspan, U.S. Dept. of Justice, Civ. Div., Washington, D.C., for U.S.

Concurring Opinion of Justice Culver May 25, 1988.

Dissenting Opinion of Chief Justice Phillips September 21, 1988.

KILGARLIN, Justice.

This is the first case to come to us on questions certified by a federal appellate court. See Lucas v. United States, 807 F.2d 414 (5th Cir.1986), questions certified, 811 F.2d 270 (5th Cir.1987). Pursuant to Tex. Const. art. V, §...

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