GARZA v. WESTERGREN

No. 89-6311 Summary Calendar.

908 F.2d 27 (1990)

Ruben GARZA, Miguel Leal and Cruz Gonzales, Jr., Plaintiffs-Appellants, v. Honorable Mike WESTERGREN, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 12, 1990.


Attorney(s) appearing for the Case

Juan Perales, Jr., Robstown, Tex., for plaintiffs-appellants.

Darrell Barger and Francis Gandy, Corpus Christi, Tex., for Honorable Mike Westergren.

Thomas K. Anson, Hays & Anson, Austin, Tex., for Roy Gutierrez.

Before HIGGINBOTHAM, SMITH and BARKSDALE, Circuit Judges.


BARKSDALE, Circuit Judge:

This appeal is of an order issued by the United States District Court for the Southern District of Texas, denying a preliminary injunction. Two of the appellees move to dismiss this appeal and for an award of attorney's fees and double costs, contending that the appeal has been rendered moot by a Texas state court order of contempt entered December 5, 1989. We agree, DISMISS the appeal and award attorney...

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