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VAN OOTEGHEM v. GRAY

No. 78-3711.

628 F.2d 488 (1980)

Gary John VAN OOTEGHEM, Plaintiff-Appellee Cross-Appellant, v. Hartsell GRAY, Individually and in his capacity as Treasurer of Harris County, Texas, (Henry E. Kriegel, successor in office), Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

October 22, 1980.

Attorney(s) appearing for the Case

Joe Resweber, Billy E. Lee, Houston, Tex., for defendant-appellant cross-appellee.

J. Patrick Wiseman, Hormachea & Sauer, Larry W. Sauer, Jr., Houston, Tex., for plaintiff-appellee cross-appellant.

Before GOLDBERG, GARZA and REAVLEY, Circuit Judges.

GOLDBERG, Circuit Judge:

We are asked today to review the last scene of a real-life drama in which the lead actor, defendant Hartsell Gray, was featured in several roles. The district court concluded the performance by determining that Gray, while acting in his official role as Treasurer of Harris County, Texas, had discharged his co-star, plaintiff John Van Ooteghem, in contravention of the latter's First Amendment right to free speech. As the final curtain fell...

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