[2] In January 1973, a judge of the 229th District Court of Duval County, Tex., enjoined the production of minerals from certain oil leases owned by respondents.

Essentially, the claim was that the injunction had been corruptly issued as the result of a conspiracy between the judge and the other defendants, thus causing a deprivation of property, i.e., two years of oil production, without due process of law.

Relying on Haldane v. Chagnon,[4] the District Court also ruled that, with the dismissal of the judge, the remaining defendants could not be said to have conspired under color of state law within the meaning of § 1983.

The case was reconsidered en banc, prior Circuit authority was overruled and the District Court judgment was reversed insofar as it had dismissed claims against the defendants other than the judge.

Justice Potter Stewart observed that women would inevitably join them on the Court someday, and thus suggested that they drop “Mr.” from the title.