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DAVILA v. STATE OF TEX.

Civ. A. No. L-80-20.

489 F.Supp. 803 (1980)

Emilio "Chito" DAVILA, Sr., Judge of the County Court at Law of Webb County, Texas, Plaintiff, v. The STATE OF TEXAS, and Charles R. Borchers, District Attorney for the 49th Judicial District, in said Capacity and Individually, Defendants.

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

May 5, 1980.

Attorney(s) appearing for the Case

Oscar J. Pena, Julio Garcia, Laredo, Tex., for plaintiff.

Olivero Canales, Laredo, Tex., for defendant Borchers.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

KAZEN, District Judge.

Plaintiff has filed suit claiming, among other things, that the Defendant has acted under color of law to violate certain of Plaintiff's constitutional rights, thus creating a cause of action under 42 U.S.C. § 1983. An evidentiary hearing was held on May 2, 1980. These Findings of Fact and Conclusions of Law are prepared pursuant to Rule 52,...

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