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DUNCAN v. CITY OF ONEIDA, TENN.

No. 83-5154.

735 F.2d 998 (1984)

Larry M. DUNCAN, Plaintiff-Appellant, v. The CITY OF ONEIDA, TENNESSEE, and Mack Burchfield, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 4, 1984.

Attorney(s) appearing for the Case

David A. Stuart (argued), Stuart & Maddox, Clinton, Tenn., for plaintiff-appellant.

Thomas W. Phillips (Lead), Phillips, Wilson, Webster, Smith & Ripley, Herbert Williams (argued), Oneida, Tenn., for defendants-appellees.

Before ENGEL and MARTIN, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PHILLIPS, Senior Circuit Judge.

Plaintiff is a former police officer in the City of Oneida, Tennessee. He was summarily discharged by defendant Chief of Police Mack Burchfield on January 24, 1979. Plaintiff filed this action pursuant to 42 U.S.C. § 1983 claiming he had been deprived of a "property" interest in his job and that he was discharged without due process of law. The district court, 564 F.Supp. 425, initially dismissed...

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