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MITCHELL v. McBRYDE

No. 91-1171 Summary Calendar.

944 F.2d 229 (1991)

Henry MITCHELL and Donna Mitchell, Individually, and as next friend for William Devon Mitchell, Plaintiffs-Appellants, v. John McBRYDE and Scott Wiggins, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 4, 1991.

Attorney(s) appearing for the Case

Henry and Donna Mitchell, pro se.

Howard A. Borg, Asst. U.S. Atty. and Marvin Collins, U.S. Atty., Fort Worth, Tex., for defendants-appellees.

Before KING, GARWOOD and DUHE, Circuit Judges.

GARWOOD, Circuit Judge:

Plaintiffs-appellants Henry and Donna Mitchell, individually and on behalf of a minor, William Mitchell (the Mitchells) filed a pro se complaint for five million dollars in damages against a federal district judge, Judge John McBryde, and his law clerk, Scott Wiggins, and demanded a jury trial. The gravamen of their complaint is the judge maliciously conspired with his law clerk to set aside a default judgment obtained by the Mitchells...

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