Court of Appeals for the Fifth Circuit June 23, 1980, 78-2820 (William Kyle Livingston, Jr. v. Western Surety Company)

PER CURIAM:

This case is an effort to sue a surety on its bond as a civil rights action under 42 U.S.C. § 1983 (1976). Western Surety Company is the surety on a $10,000 bond guaranteeing faithful performance of duty by the Attorney General of Alabama, William J. Baxley, during his term of office. The jurisdiction of the district court was invoked pursuant to 28 U.S.C. §§ 1331 and 1343 (1976).