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DARBY v. PASADENA POLICE DEPT.

No. 91-2068. Summary Calendar.

939 F.2d 311 (1991)

Herbert DARBY, Plaintiff-Appellant, v. PASADENA POLICE DEPARTMENT, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 23, 1991.

Attorney(s) appearing for the Case

Wayne A. Risoli, Honigman, Miller, Schwartz & Cohen, Houston, Tex. (court-appointed), for plaintiff-appellant.

Tom M. Davis, Robert C. Rice, Davis & Shank, Houston, Tex., Don W. Smith, Pasadena, Tex., for defendant-appellee.

Before KING, GARWOOD, and DUHÉ, Circuit Judges.

KING, Circuit Judge:

Appellant Herbert Darby brought suit under Title VII of the Civil Rights Act of 1964, seeking redress for his termination from the Pasadena Police Department. The district court dismissed the claim, finding that the complaint, which sued only the department and not the City of Pasadena, was filed improperly against a nonexistent jural entity. The district court also denied appellant's motion for leave to amend his complaint to name the City of...

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