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RAMSEY v. HOPKINS

No. 71-1290 Summary Calendar.

447 F.2d 128 (1971)

R. L. RAMSEY, Plaintiff-Appellant, v. L. P. HOPKINS, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 31, 1971.

Attorney(s) appearing for the Case

U. W. Clemon, Adams, Baker, & Clemon, North Birmingham, Ala., for plaintiff-appellant.

Gene H. Lentz, Decatur, Ala., for defendants-appellees.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

PER CURIAM:

In this case, which involves the termination of the employment of a public employee in violation of 42 U.S.C. § 1983, the District Judge ordered the employee reinstated, but failed to order payment of back wages properly owing to him, 320 F.Supp. 477. In our view, reinstatement of the employee was correct, but failure to award back pay was error. See Harkless v. Sweeny Independent School District, 5 Cir., 1970...

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