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THURSTON v. DEKLE

No. 74-4200.

531 F.2d 1264 (1976)

George R. THURSTON, Individually, and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Joseph C. DEKLE, as Chairman, Civil Service Board, Jacksonville, Florida, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 20, 1976.

Attorney(s) appearing for the Case

Wm. Lee Allen, Asst. Counsel, Harry L. Shorstein, Gen. Counsel, Jacksonville, Fla., for defendants-appellants.

Robert L. Shevin, Atty. Gen., James D. Whisenand, Asst. Atty. Gen., Tallahassee, Fla., for amicus curiae.

Paul C. Doyle, Duval City Legal Aid Assoc., Carolyn S. Zisser, Jacksonville, Fla., for plaintiffs-appellees.

Before MORGAN, CLARK and TJOFLAT, Circuit Judges.

CLARK, Circuit Judge:

The issue in this litigation is whether the suspension and dismissal rules of a municipality provide constitutionally adequate pretermination procedures to nonprobationary city employees. The resolution of this issue requires an analysis of Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. 1633, 40 L.Ed.2d 15 (1974) and Davis v. Vandiver, 494 F.2d 830 (5th Cir. 1974). After...

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