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GREMILLION v. CHIVATERO

No. 84-3121.

749 F.2d 276 (1985)

Ernest A. GREMILLION, Plaintiff-Appellant, v. Jack CHIVATERO, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 2, 1985.

Attorney(s) appearing for the Case

R. Travis Douglas, Kenner, La., for plaintiff-appellant.

John Volz, U.S. Atty., New Orleans, La., Robert A. Bernstein, Murray S. Horwitz, Glenn L. Archer, Jr., Michael L. Paup, Dept. of Justice, Tax Div., Washington, D.C., for defendants-appellees.

Before GOLDBERG, RUBIN and JOHNSON, Circuit Judges.

PER CURIAM:

An Internal Revenue Service (IRS) employee sued his immediate supervisor and other IRS administrators in federal district court for wrongful discharge from federal service in violation of his first and fifth amendment rights. Relying on Bush v. Lucas,1 the defendants filed a motion to dismiss for failure to state a claim upon which relief can be granted,2 and for lack of jurisdiction over...

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