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DUNN v. DENK

Nos. 93-1964, 93-9066.

79 F.3d 401 (1996)

Mary Elizabeth DUNN, Plaintiff-Appellee, Cross-Appellant, v. Mike DENK, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

March 19, 1996.

Attorney(s) appearing for the Case

Curtis B. Stuckey, Nacogdoches, TX, Stephen Robert Marsh, Wichita Falls, TX, for Dunn.

M. Lawrence Wells, Ann Kraatz and Karen Denise Matlock, Office of the Attorney General for the State of Texas, Austin, TX, for Denk.

Before POLITZ, Chief Judge and REAVLEY, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

KING, Circuit Judge:*

This is a case controlled by the law applicable from 1989 to 1992, a window created by our decision in Johnson v. Morel, 876 F.2d 477 (5th Cir.1989) (en banc), and Hudson v. McMillian, 503 U.S. 1, 112 S.Ct. 995, 117 L.Ed.2d 156 (1992), the decision of the Supreme Court effectively overruling it. See Harper v. Harris County, Texas,<...

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