LEE v. CITY OF PENSACOLA

No. 79-3169.

634 F.2d 886 (1981)

David G. LEE, Plaintiff-Appellant, v. The CITY OF PENSACOLA, the Pensacola Police Department and the Civil Service Board for the City of Pensacola, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

January 20, 1981.


Attorney(s) appearing for the Case

Barry W. Beroset, Pensacola, Fla., for plaintiff-appellant.

Thomas C. Staples, Asst. City Atty., Pensacola, Fla., for defendants-appellees.

Before TUTTLE, GODBOLD and HILL, Circuit Judges.


TUTTLE, Circuit Judge:

The appellant here complains of the dismissal by the trial court of his suit against the City of Pensacola, his employer, for failing to grant him a leave of absence "for the period required to perform active duty for training" as an officer of the Florida National Guard.

As a preliminary to outlining the facts, about which there is no significant issue, it is helpful to note that the parties both agree that the appellant is entitled...

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