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CAMACHO v. SAMANIEGO

No. 09-90-00294-CV.

825 S.W.2d 467 (1991)

Mary CAMACHO, et al., F.S. Timmons, et al., and Odia Harvey, Appellants, v. Leo SAMANIEGO, Individually and as in his capacity as Sheriff of El Paso County, and El Paso County, Texas, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Denied July 3, 1991.

Attorney(s) appearing for the Case

Max Christenson, Odessa, Stewart W. Forbes, Susan Larsen, Steven L. Hughes, Mounce & Galatzan, James O. Darnell, Grambling Darnell, L.L.P., El Paso, for appellants.

Joe Lucas, Co. Atty., Eddie Martin, J. Monty Stevens, Dudley, Dudley and Windie, El Paso, for appellees.

Before FULLER, STEPHEN F. PRESLAR and WOODARD, JJ.

OPINION

STEPHEN F. PRESLAR, Justice.

This is an appeal from a summary judgment granted to the Appellees upon cross motions by both sides. We vacate the judgment and dismiss the cause of action on finding the statute involved is unconstitutional. Mary Camacho, individually and d/b/a Afuera Out Bail Bonds, initiated this suit for damages and injunctive relief stemming from Sheriff Samaniego's collection of a pre-conviction bail bond approval fee in all misdemeanor...

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