No. 87-2783.

877 F.2d 364 (1989)

Gary D. MOORE, Plaintiff-Appellant, v. The CITY OF KILGORE, TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 18, 1989.

Attorney(s) appearing for the Case

Elizabeth K. Julian, Michael M. Daniel, Dallas, Tex., for plaintiff-appellant.

Mike A. Hatchell, Tracy Crawford, Tyler, Tex., for defendant-appellee.

Before GOLDBERG, HIGGINBOTHAM and DAVIS, Circuit Judges.


Appellant Gary Moore brought this 42 U.S.C. § 1983 suit against the City of Kilgore to remedy a violation of Moore's First Amendment rights. This per curiam opinion explains the panel's holdings.

Part I of Judge Goldberg's opinion concerns the application of Kilgore Fire Department Rule and Regulation 4.2A(40) to Moore's speech. We unanimously reverse and remand for further proceedings on this issue. Judge Goldberg's opinion constitutes the...

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