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CUELLAR v. TEXAS EMPLOYMENT COM'N

No. 86-1333.

825 F.2d 930 (1987)

Tom CUELLAR, Plaintiff-Appellant, v. TEXAS EMPLOYMENT COMMISSION and Larco Leasing, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 31, 1987.

Attorney(s) appearing for the Case

Alpha Hernandez, Texas Rural Legal Aid, Inc., R.W. Rodriguez, Del Rio, Tex., for plaintiff-appellant.

Susan F. Eley, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for defendants-appellees.

Before CLARK, Chief Judge, GOLDBERG and GEE, Circuit Judges.

GOLDBERG, Circuit Judge:

Plaintiff Tom Cuellar appeals from a Fed.R.Civ.P. 12(b)(6) dismissal of his complaint, which alleges a deprivation of due process in the procedures utilized by a state administrative appellate referee during an unemployment benefit disqualification hearing. Finding that the complaint may allege sufficient facts to ground a constitutional claim, we vacate the dismissal order and remand to the district court for further consideration in light...

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