Holloway v. Walker
Decision Date | 19 March 1986 |
Docket Number | No. 85-1289,85-1289 |
Citation | 784 F.2d 1287 |
Parties | Pat S. HOLLOWAY, Plaintiff-Appellant, v. Judge Dee Brown WALKER, et al., Defendants-Appellees. |
Court | U.S. Court of Appeals — Fifth Circuit |
J. Bruce Bennett, Reynolds, Allen & Cook, Joe H. Reynolds, Houston, Tex., for plaintiff-appellant.
Robert H. Frost, Thomas V. Murto, III, Dallas, Tex., for defendants-appellees Browning, et al.
Bruce W. Claycombe, Kenneth L. King, Dallas, Tex., for Judge Dee Brown Walker.
Dorothea L. Vidal, Robert Goldberg, Roderic C. Steakley, Dallas, Tex., for APP defendants-appellees.
R. Brent Cooper, Jim E. Cowles, Michael W. Huddleston, Judith H. Winston, Dallas, Tex., for Kelsoe.
Edwin E. Wright, III, Dallas, Tex., James Kronzer, Houston, Tex., for Ayres.
J.R. Hurt, pro se.
Whitley R. Sessions, pro se.
Earl Luna, Mary Milford, Dallas, Tex., for Wright.
Appeal from the United States District Court for the Northern District of Texas.
Before CLARK, Chief Judge, POLITZ, and WILLIAMS, Circuit Judges.
On November 18, 1982, Pat S. Holloway, Humble Exploration Company, Inc., and Sterling Pipeline Company (hereinafter "Humble and Holloway" or "plaintiffs") brought this action pursuant to 42 U.S.C. Sec. 1983 against Judge Dee Brown Walker, the Brownings (Jane H. Browning, Katherine Louise Browning Cook, Averille Adams Browning, William Webb Browning, III, Winifred Fallon Browning, Robert Holland Browning, and others), G.H. Kelsoe, Jr. and R. Jack Ayres, Jr. (attorneys for the Brownings) and John Wright, Jr., who had served as a receiver appointed by Judge Walker (hereinafter collectively "defendants"). Holloway and Humble alleged that the appellees had conspired to control the outcome of a state court lawsuit over which Judge Walker presided and thereby deprive plaintiffs of their property without due process of law. The plaintiffs also asserted pendent state law claims. The district court held that the acts alleged by plaintiffs did not violate the due process clause of the Fourteenth Amendment and dismissed the Sec. 1983 action and the pendent state claims. We affirm.
The facts pertinent to this case were recited in an earlier opinion of this court, Holloway v. Walker, 765 F.2d 517, 519-21, reh'g en banc denied, 773 F.2d 1236 (5th Cir.), cert. denied, --- U.S. ----, 106 S.Ct. 605, 88 L.Ed.2d 583 (1985), and we add only the material in brackets:
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