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DAVIS v. ZAIN

No. 95-50297.

79 F.3d 18 (1996)

Jack Warren DAVIS; Patsy Bates Davis, Plaintiffs-Appellants, v. Fred S. ZAIN; Vincent J.M. Di Maio, Dr.; Bexar County, Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 28, 1996.

Attorney(s) appearing for the Case

Gerald H. Goldstein, Goldstein, Goldstein & Hilley, San Antonio, TX, Stanley G. Schneider, Schneider & McKinney, Houston, TX, David L. Botsford, Kurt Matthew Sauer, Botsford & Sauer, Austin, TX, for plaintiffs-appellants.

Lawrence John Souza, San Antonio, TX, Darrell F. Smith, Lopez & Smith, San Antonio, TX, Leslie J.A. Sachanowicz, Criminal District Attorney's Office, San Antonio, TX, Susan A. Bowen, Assistant District Attorney, Criminal District Attorney's Office, San Antonio, TX, for defendants-appellees.

Before JOLLY, JONES and BENAVIDES, Circuit Judges.

PER CURIAM:

After reviewing the record, studying the briefs of the parties, and considering the arguments presented to this court, we have concluded that the district court erred in dismissing without prejudice the suit brought under 42 U.S.C. § 1983 by Jack Warren Davis and Patsy Bates Davis (together, "Davis") against Fred S. Zain, Vincent J.M. Di Maio, and the Bexar County Medical Examiner's Office (together, the "defendants").

Davis seeks damages...

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