Downing v. Williams

United States Court of Appeals, Fifth Circuit.

May 28, 1981.

<p>ON PETITION FOR REHEARING</p>

2 counsel of record

Relies on Downing v. Williams

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1981-05-28

How this case has been cited

Cited by 42 later decisions — most recently August 2022 · most notably Duckworth v. Franzen (1985), Beardsley v. Webb (1994)

26 federal appellate · 3 district · 1 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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John Buckley, Texarkana, Tex., for plaintiff-appellant.

Martha H. Allan, Lonny Zwiener, Asst. Attys. Gen., Austin, Tex., for defendants-appellees.

ON PETITION FOR REHEARING

Before TUTTLE, AINSWORTH and SAM D. JOHNSON, Circuit Judges.

PER CURIAM:

¶1

The petition for rehearing is granted. The panel opinion, reported at 624 F.2d 612, is vacated. For the reasons stated in Judge Ainsworth's dissent, the judgment of the district court is affirmed.

TUTTLE, Circuit Judge, dissenting:

¶2

With deference, I dissent, for the reasons stated in the prevailing opinion of the panel, reported at 624 F.2d 612.