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KELLY v. CITY OF LEESVILLE

No. 89-4163.

897 F.2d 172 (1990)

Clement Dale KELLY, Plaintiff-Appellee Cross-Appellant, v. CITY OF LEESVILLE, Defendant-Appellant Cross-Appellee, Patrick Anderson, Individually and as Mayor of Leesville, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 26, 1990.

Attorney(s) appearing for the Case

Henry B. Bruser, III, Gold, Weems, Bruser, Sues & Rundell, Alexandria, La., for City of Leesville and Patrick Anderson.

Louis Berry, Bridgett Brown, Alexandria, La., for Clement Dale Kelly.

Before CLARK, Chief Judge, RUBIN and WILLIAMS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

A part-time city inspector, dismissed by the newly-elected mayor, sued for damages and reinstatement, claiming that the dismissal was in retaliation for his support of the mayor's opponent and therefore infringed his first amendment rights and, in addition, violated state law. The jury found that his federal rights had not been violated, but awarded damages under state law for breach of contract. We affirm the judgment, but remand for...

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