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ERWIN v. PRICE

No. 85-8064.

778 F.2d 668 (1985)

H.G. ERWIN, Plaintiff-Appellant, v. Everett E. PRICE and the Mayor and Council of the City of Athens, Georgia, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 16, 1985.

Attorney(s) appearing for the Case

Albert M. Pearson, Athens, Ga., for plaintiff-appellant.

Andrew H. Marshall, Athens, Ga., for defendants-appellees.

Before VANCE and HENDERSON, Circuit Judges, and ALLGOOD, District Judge.

VANCE, Circuit Judge:

Former Athens, Georgia police officer H.G. Erwin appeals a decision of the district court for the middle district of Georgia upholding his termination for refusing to answer questions concerning an off-duty gun-pointing incident. Because a public employee who is not required to waive his fifth amendment privilege against self-incrimination may properly be disciplined for refusing to answer questions...

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