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ROLLINS v. MARSH

No. 90-4583.

937 F.2d 134 (1991)

Aletha ROLLINS and Jessie Rollins, Plaintiffs-Appellants, v. John O. MARSH, Jr., Secretary of the United States Department of the Army, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 18, 1991.

Attorney(s) appearing for the Case

Edward L. Pina, Karam, Naranjo & Kruger, San Antonio, Tex., for plaintiffs-appellants.

Bob Wortham, U.S. Atty., Steven M. Mason, Asst. U.S. Atty., Tyler, Tex., Maj. Robert L. Minor, Dept. of Army, Office of the Judge Advocate Gen., The Pentagon, D. Bruce La Pierre, Barbara L. Herwig, U.S. Dept. of Justice, Civ. Div., Appellate Staff, Washington, D.C., for defendants-appellees.

Before REYNALDO G. GARZA, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Two federal civil-service employees, Jessie and Aletha Rollins, submitted photographs of Aletha Rollins in the nude for publication. The photographs appeared in print and Jessie Rollins was suspended without pay from his job. The Merit System Protections Board found that the suspension was an improper employment decision under the Civil Service Reform Act, and reinstated Mr. Rollins with full back pay. The Rollinses then filed...

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