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LOPEZ v. CITY OF AUSTIN, TEX.

No. 82-1399 Summary Calendar.

710 F.2d 196 (1983)

Raymond B. LOPEZ, Plaintiff-Appellant, v. CITY OF AUSTIN, TEXAS and Leonard Ehrler, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 25, 1983.

Attorney(s) appearing for the Case

Thomas L. Kolker, Austin, Tex., for plaintiff-appellant.

Joan Elise Dubinsky, Asst. City Atty., Brown, Maroney, Rose, Baker & Barber, George B. Butts, Michael S. Hull, Austin, Tex., for defendants-appellees.

Before RUBIN, JOHNSON and WILLIAMS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

An employee of the City of Austin seeks to recover under § 1983 from the City and from the Director of its Parks and Recreation Department for the mental anguish, humiliation, and other non-pecuniary damages he suffered when the City denied him a merit increase in retaliation for his earlier protected actions. The district court denied his claim on the legal grounds that the employee compromised a claim for this retaliation and...

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