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SIMON v. CITY OF CLUTE, TEX.

Civ. A. No. H-83-5143.

646 F.Supp. 1280 (1986)

Russell Curtis SIMON, David Bennett Kirk, Michael Steven Daniel, Tonie Luxton, Nell Fruendensprung and Terry Fletcher, on behalf of themselves and all others similarly situated, Plaintiffs, v. CITY OF CLUTE, TEXAS, a Municipality; Rick Steele, Chief of Police, Jerry Adkins, Mayor of City of Clute; Mark S. Wicker, Detective Sergeant in City of Clute Police Department, Faye Markwardt, Detective in City of Clute Police Department; Members of the City of Clute City Council individually, Julio Garcia, Ronnie Broaddus, Gene McDaniel, Harry Blevins and Dave Hill, Defendants.

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

September 30, 1986.

Attorney(s) appearing for the Case

Alaniz, Bruckner & Sykes, William H. Bruckner, Houston, Tex., for plaintiffs.

Mills, Shirley, McMicken & Eckel, John Eckel, Galveston, Tex., and Tekell, Book & Matthews, William C. Book, Houston, Tex., for defendants.

MEMORANDUM AND ORDER

STERLING, District Judge.

Pending before the Court is the motion of Plaintiffs for Entry of Order of Dismissal and Final Judgment, or in the alternative, Motion for Preferential Trial Setting. On April 17, 1985, a pre-trial conference was held in the chambers of this Court in reference to the above styled case. Upon review of the contentions of the parties, the Court determined that this case was improper for trial by a federal jury...

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