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YEAGER v. CITY OF McGREGOR

No. 91-8574.

980 F.2d 337 (1993)

Franklin YEAGER, Walter Brandt, Don C. Yeager and Mark Yeager, Plaintiffs-Appellants, v. CITY of McGREGOR, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 8, 1993.

Attorney(s) appearing for the Case

R. John Cullar, Mills, Millar & Matkin, Waco, Tex., for Franklin Yeager, W. Brandt, Don Yeager and Mark Yeager.

Angus E. McSwain and Noley R. Bice, Jr., Fulbright, Winniford, Bice & Marable, Waco, Tex., for Tom Kirk.

Charles D. Olson, Waco, Tex. and Amsler, Amsler & Stearrns, McGregor, Tex., for City of McGregor.

Herbert S. Bristow and Susan Kelley-Claybrook, Waco, Tex., for McGregor Volunteer Fire Dept.

Before GOLDBERG, JONES, and DeMOSS, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Appellants were voted out of membership in the McGregor, Texas Volunteer Fire Department (MVFD). Unwilling to let bygones be bygones, they sued the City of McGregor, MVFD and three individual defendants. From the district court's grant of summary judgment to the defendants, the former fire fighters have appealed. We affirm, principally because appellants did not raise a fact issue supporting their assertion that MVFD is a state actor...

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