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TYGRETT v. BARRY

No. 78-1938.

627 F.2d 1279 (1980)

James R. TYGRETT, Appellant v. Marion BARRY, Mayor of the District of Columbia, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 28, 1980.

Rehearing Denied June 3, 1980.

Attorney(s) appearing for the Case

John W. Karr, Washington, D. C., was on the brief, for appellant.

David P. Sutton, Asst. Corp. Counsel, Washington, D. C., with whom Judith W. Rogers, Acting Corp. Counsel, Louis P. Robbins, Principal Deputy Corp. Counsel, Richard W. Barton, Deputy Corp. Counsel, Washington, D. C., were on the brief, for appellees.

Ralph J. Temple, of the American Civil Liberties Union, Washington, D. C., also entered an appearance for the appellant.

Before J. EDWARD LUMBARD, Senior Circuit Judge for the Second Circuit, and TAMM and MIKVA, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

Appellant James Tygrett was a probationary police officer when he was fired from the District of Columbia's Metropolitan Police Department (Department).1 Charging that his discharge had been in violation of his First Amendment rights, Tygrett brought this suit. After a trial on the merits, the district court sustained the Department's action. Because we believe...

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