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EMERSON v. BORLAND

No. 03-95-00023-CV.

927 S.W.2d 709 (1996)

Ernest A. EMERSON, Quay Wood, Brian McRae, Glenn Zoch, and Louis diDonato, Appellants, v. H. Scott BORLAND, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 18, 1996.

Attorney(s) appearing for the Case

Dan Morales, Attorney General, James Todd, Assistant Attorney General, General Litigation Division, Austin, for Appellants.

Jerry Galow, Whitehurst, Harkness, London, Ozmun & Galow, Austin, for Appellee.

Before CARROLL, JONES and B.A. SMITH, JJ.

JONES, Justice.

Appellee H. Scott Borland sued appellants Ernest A. Emerson, Quay Wood, Brian McRae, Glenn Zoch, and Louis diDonato for damages arising out of his arrest and imprisonment for five days following appellants' determination that the portable fire extinguishers he was selling were illegal for sale in Texas. At trial, Borland prevailed on claims pursuant to 42 U.S.C. § 1983 for violation of his Fourth and Fourteenth Amendment rights and on a state...

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