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HUFFSTUTLER v. BERGLAND

No. 77-3117.

607 F.2d 1090 (1979)

Robert L. HUFFSTUTLER, Plaintiff-Appellant, v. Robert BERGLAND, Secretary of the United States Department of Agriculture, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 3, 1979.

Attorney(s) appearing for the Case

George P. Powell, Edinburg, Tex., for plaintiff-appellant.

R. Burton Ballanfant, Asst. U.S. Atty., Houston, Tex., William Kanter, Appellate Staff, Eloise E. Davies, Civil Div., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before SIMPSON, CHARLES CLARK and FRANK M. JOHNSON, Jr., Circuit Judges.

PER CURIAM:

Robert L. Huffstutler, a probationary employee of the United States Department of Agriculture, appeals an order granting the Secretary's motion to dismiss his action seeking redress for discharge and other relief. We vacate and remand.

Huffstutler contends that his discharge offended the first amendment because it was an improper reaction to his activities as shop steward for a labor organization. He ...

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