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DORSEY v. N. A. A. C. P.

No. 26368.

408 F.2d 1022 (1969)

Henry DORSEY, Plaintiff-Appellant, v. NATIONAL ASSOCIATION FOR the ADVANCEMENT OF COLORED PEOPLE, et al., Defendants-Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 14, 1969.

Attorney(s) appearing for the Case

J. Minos Simon, Lafayette, La., for appellant.

Louis Berry, Alexandria, La., Minos H. Armentor, New Iberia, La., Matthew Perry, Columbia, S. C., Robert L. Carter, Joan Franklin, Lewis M. Steel, New York City, for appellees.

Before THORNBERRY and AINSWORTH, Circuit Judges, and DAWKINS, District Judge.

AINSWORTH, Circuit Judge:

This appeal raises the question whether tenure rights as a city police officer, which are protected by the Louisiana Constitution in Article 14, can be vindicated in an action under 42 U.S.C. § 1983.

Accepting the "well-pleaded facts as the hypothesis for decision," Collins v. Hardyman, 341 U.S. 651, 652, 71 S.Ct. 937, 938, 95 L.Ed. 1253 (1951), the case can be stated briefly as follows: Appellant...

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