United States Fifth Circuit

Plaintiff did not waive his rights, and the defendant's action of peremptorily discharging plaintiff without a hearing just 4 business days after his receipt of the Commissioner's notice of refusal was the sole cause of the violation of his right to due process of law.

Appellate Information

• Decided 07/02/2003
• Published 07/02/2003

Judges

• DENNIS, Circuit Judge:, Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Denise Nance Pierce, Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, Austin, TX, for Texas Ass'n of School Boards Legal Assistance Fund, Amicus Curiae., Paul Michael Shirk, Texas State Teachers Ass'n, Austin TX, for Texas State Teachers Ass'n, Amicus Curiae.


• For Appellees:
  
• Andy Wade Tindel (argued), Provost, Umphrey, Youngdahl & Sadin, Charles H. Clark, Clark, Lea & Ainsworth, Tyler, TX, for Plaintiff-Appellee., Eric W. Schulze (argued), JoAnn S. Wright, Walsh, Anderson, Brown, Schulze & Aldridge, Austin, TX, for Defendant-Appellant.