RUSSELL v. EL PASO INDEPENDENT SCH. DIST.

No. 76-1836. Summary Calendar.

539 F.2d 563 (1976)

James W. RUSSELL, Jr., Plaintiff-Appellant, v. EL PASO INDEPENDENT SCHOOL DISTRICT et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 27, 1976.


Attorney(s) appearing for the Case

Larry Watts, Houston, Tex., for plaintiff-appellant.

Sam Sparks, Morris A. Galatzan, Kenneth R. Carr, El Paso, Tex., for defendants-appellees.

Before BROWN, Chief Judge, and GEWIN and MORGAN, Circuit Judges.


GEWIN, Circuit Judge:

A teacher, whose employment contract was not renewed, filed this action alleging infringement of constitutionally protected rights under the first and fourteenth amendments to the United States Constitution and 42 U.S.C. § 1983 (1970). The district court dismissed the case on the pleadings because of plaintiff's failure (1) to exhaust his administrative remedies under Texas state law, and (2) to raise a substantial federal question. A careful...

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