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THOMPSON v. GALLAGHER

No. 73-1415.

489 F.2d 443 (1973)

Tommy THOMPSON, Plaintiff-Appellant, v. Honorable Harry K. GALLAGHER, Mayor for the City of Plaquemine, Louisiana, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 13, 1974.

Attorney(s) appearing for the Case

William E. Rittenberg, New Orleans, La., Melvin L. Wulf, Leon Friedman, ACLU, New York City, for plaintiff-appellant.

Joseph B. Dupont, Sr., Plaquemine, La., for defendant-appellee.

Before TUTTLE, DYER and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

Tommy Thompson served in the United States Army for 22 months before being discharged under other than honorable conditions on May 14, 1970. He went to work for the City of Plaquemine, Louisiana, on December 16, 1971, as custodian at the city diesel plant. Five weeks later, the city council passed the following ordinance:

Resolved, that any person employed by the City of Plaquemine or by the Emergency Employment Act, if said...

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