No. 82-1058.

709 F.2d 914 (1983)

Ben SMITH, Plaintiff-Appellant, v. KERRVILLE BUS COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 7, 1983.

Attorney(s) appearing for the Case

Les Mendelsohn, Barry H. Beer, San Antonio, Tex., for plaintiff-appellant.

Shelton Padgett, J. Joe Harris, San Antonio, Tex., for defendant-appellee.

Before CLARK, Chief Judge, THORN-BERRY and POLITZ, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 7, 1983.

POLITZ, Circuit Judge:

Benjamin H. Smith filed suit in state court under § 301 of the Labor Management Relations Act of 1947 (LMRA), 29 U.S.C. § 185, alleging that his employment was wrongfully terminated by Kerrville Bus Company (Kerrville). Kerrville removed the action, then sought and secured summary judgment rejecting Smith's claims. On the record before us, being unpersuaded of the absence...

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