HOWELL v. SUPREME COURT OF TEXAS

No. 89-1032. Summary Calendar.

885 F.2d 308 (1989)

Charles Ben HOWELL, Plaintiff-Appellant, and Ken E. Mackey, Appellant, v. The SUPREME COURT OF TEXAS, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 8, 1989.


Attorney(s) appearing for the Case

Charles Ben Howell, Dallas, Tex., pro se.

Ken E. Mackey, Austin, Tex., pro se.

Melvyn Carson Bruder, Dallas, Tex., for Charles Ben Howell.

Edmund R. Wood, Chancellor & Wood, Dallas, Tex., for Stewart Title Co.

David R. Richards, Richards, Wiseman & Durst, Austin, Tex., for Mauzy.

Gary L. Bledsoe, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for Supreme Court of Texas.

Jennifer Burr Altabef, Robert T. Mowrey, Dallas, Tex., for U.S. Home Corp. & Homecraft Land.

Peter L. Harlan, Asst. Dist. Atty., Dallas, Tex., for Long.

Before REAVLEY, KING and JOHNSON, Circuit Judges.


REAVLEY, Circuit Judge:

Appellant Charles Ben Howell brought this § 1983 action seeking declaratory and injunctive relief. The district court concluded that Howell had already litigated his claims in state court and dismissed for lack of jurisdiction. The district court assessed attorneys' fees and expenses against Howell and his attorney as Rule 11 sanctions.

In this appeal, Howell asserts that the district court erred in concluding that it did not have...

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