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BUSH v. LUCAS

No. 77-1615.

647 F.2d 573 (1981)

William C. BUSH, Plaintiff-Appellant, v. William R. LUCAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

June 12, 1981.

Attorney(s) appearing for the Case

Harvey Elrod, Decatur, Ala., for plaintiff-appellant.

J. R. Brooks, U.S. Atty., Henry I. Frohsin, Asst. U.S. Atty., Birmingham, Ala., Alice Daniel, Asst. U.S. Atty., Wendy M. Keats, Barbara L. Herwig, Civ. Div., Appellate Staff, Dept. of Justice, Washington, D.C., for defendant-appellee.

Before GODBOLD, Chief Judge, and SIMPSON and RONEY, Circuit Judges.

RONEY, Circuit Judge:

This case is on remand from the Supreme Court for further consideration in light of Carlson v. Green, 446 U.S. 14, 100 S.Ct. 1468, 64 L.Ed.2d 15 (1980). In our prior opinion we held, first, that plaintiff's defamation claim against the director of the Marshall Space Flight Center was precluded by Barr v. Matteo, 360 U.S. 564, 79 S.Ct. 1335, 3 L.Ed.2d 1434 (1959), and...

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