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URDIALES v. CANALES

Civ. A. No. L-79-45.

475 F.Supp. 622 (1979)

Fernando URDIALES, Plaintiff v. J. A. "Tony" CANALES and George Jacobs, Individually and in the Capacity as United States Attorney and Assistant United States Attorney for the Southern District of Texas, Defendants.

United States District Court, S. D. Texas, Laredo Division.

August 24, 1979.

Attorney(s) appearing for the Case

Roger C. Rocha, Laredo, Tex., for plaintiff.

James R. Gough, Asst. U. S. Atty., Houston, Tex., for defendants.

MEMORANDUM AND ORDER

KAZEN, District Judge.

The issue in this case is whether the participation of a United States Attorney and an Assistant United States Attorney as special prosecutors in a state criminal trial violates the civil rights of the criminal defendant because the presence of the Federal attorneys in state court will deprive the defendant of his right to a fair trial under the due process clause of the Constitution.

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