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STONE v. CITY OF WICHITA FALLS

No. 79-3940.

646 F.2d 1085 (1981)

Duward W. STONE, Plaintiff-Appellee, v. The CITY OF WICHITA FALLS; Hurshel Johnson, Fire Chief for the City of Wichita Falls, or His Successor; Gerald G. Fox, City Manager, or His Successor; City Council Members Mrs. Carol Russell, Curtis W. Smith, James B. Thomas and Raymond H. Adcock, or Their Successors, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit A

June 4, 1981.

Attorney(s) appearing for the Case

H. P. Hodge, Jr., City Atty., Wichita Falls, Tex., for defendants-appellants.

Larry Watts, Houston, Tex., for plaintiff-appellee.

Before RUBIN and GARZA, Circuit Judges, and SUTTLE, District Judge.

GARZA, Circuit Judge:

Appellee, Duward W. Stone, was a Fire-fighter in the Fire Department of the City of Wichita Falls, Texas on February 9, 1978, and had been so employed for the preceding eight years. Prior to February 9, 1978, Stone became a candidate for the office of County Commissioner of Archer County, Texas, subject to the Democratic Primary Election to be held in May, 1978. By letter dated February 9, 1978, the Fire Chief notified the Firemen's and Policemen...

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