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VAN OOTEGHEM v. GRAY

No. 78-3711.

654 F.2d 304 (1981)

Gary John VAN OOTEGHEM, Plaintiff-Appellee Cross Appellant, v. Hartsell GRAY, Individually and in his capacity as Treasurer of Harris County, Texas (Henry E. Kriegel, successor in office), Defendant-Appellant Cross Appellee.

United States Court of Appeals, Fifth Circuit.

August 24, 1981.

Attorney(s) appearing for the Case

Joe Resweber, Billy E. Lee, Houston, Tex., for Hartsell Gray.

David Crump, Houston, Tex., for amicus Counties of Smith, Tarrant, et al.

J. Patrick Wiseman, Hormachea & Sauer, Larry W. Sauer, Jr., Houston, Tex., for Gary John Van Ooteghem.

Before GODBOLD, Chief Judge, BROWN, AINSWORTH, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, THOMAS A CLARK, and WILLIAMS, Circuit Judges.

PER CURIAM:

The court took this case en banc to resolve the question which divided the panel: must government regulation of constitutionally protected speech of public employees be justified by a compelling state interest? 628 F.2d 488 (5th Cir. 1980). The court en banc determines that the issue is not presented by the facts in this case. We affirm that portion of the judgment of the district court holding Van Ooteghem's constitutional...

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