United States Fifth Circuit
MEISTER v. TEXAS ADJUTANT GEN.'S DEP'T, 99-50935
Where designated "federal" position requires active military service, civilian employee cannot establish a prima facie case for discrimination. However, Mindes v. Seaman, 453 F.2d 197 (5th Cir. 1971) applies to civilians and "internal military decisions" that are not "incident to military service" despite recent questions about its viability.
Appellate Information
- Decided 11/28/2000
- Published 11/28/2000
Judges
- E. GRADY JOLLY, Circuit Judge:, Before JOLLY, SMITH and BARKSDALE, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Gloria Magdalena Salinas (argued), Austin, TX, for Plaintiff-Appellant.
- For Appellees:
- Nancy Kathleen Juren (argued), Austin, TX, for Defendants-Appellees.