Shirley Kramer v. Tom Price, Judge, County Criminal Court No. 5, and Carl Thomas, Sheriff, Dallas County, Texas

723 F.2d 1164, 1984 U.S. App. LEXIS 25958

Opinions

PER CURIAM:

After the panel decision in this case, reported at 712 F.2d 174 (5th Cir.1983), was vacated by our grant of rehearing en bane, the Texas statute at issue was repealed and replaced by another differing from it in many respects — one that it appears would not bear on Kramer’s conduct which resulted in her conviction. We are aware of no other case involving the constitutionality of the earlier, now-repealed statute. In view, therefore, of the limited scope of action remaining open to us after this development, we affirm the judgment of the district court but without approving or adopting its rationale.

AFFIRMED.