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BURNS v. EAST BATON ROUGE PARISH SCHOOL BD.

No. 75-3849 Summary Calendar.

530 F.2d 1201 (1976)

Elwin B. BURNS, Plaintiff-Appellant, v. EAST BATON ROUGE PARISH SCHOOL BOARD and Robert Aertker, Individually and in his capacity as Superintendent of East Baton Rouge Parish Schools, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 2, 1976.

Attorney(s) appearing for the Case

Donald Juneau, New Orleans, La., for plaintiff-appellant.

John F. Ward, Jr., Baton Rouge, La., for defendants-appellees.

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

Rehearing and Rehearing En Banc Denied June 2, 1976.

PER CURIAM:

In this 1975 nontenured Black teacher's suit claiming racial discrimination in his discharge, the District Court held that it was barred by res judicata by reason of his 1973 suit in the same Court. Whether the 1975 suit should be characterized as the "same cause of action" as the rubric goes, see Commissioner of Internal Revenue v. Sunnen, 1948, 333 U.S. 591

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