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BROWNING v. CITY OF ODESSA, TEX.

No. 92-8583.

990 F.2d 842 (1993)

Fred BROWNING, Plaintiff-Appellant, v. CITY OF ODESSA, TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 17, 1993.

Attorney(s) appearing for the Case

Allen R. Stroder, Odessa, TX, for plaintiff-appellant.

Elizabeth Ann Lutton, James M. O'Leary, Shafer, Davis, McCollum, Ashley, O'Leary & Stoker, P.C., Odessa, TX, for defendant-appellee.

Before JOHNSON, SMITH, and EMILIO M. GARZA, Circuit Judges.

JOHNSON, Circuit Judge:

In late 1990, Fred Browning was terminated as a fire fighter with the Odessa Fire Department. Browning filed this lawsuit, complaining that he was not provided the procedural due process required under the Fourteenth Amendment when he was dismissed. The City of Odessa filed a motion for summary judgment, contending that Browning had no property rights in his position as a fire fighter and that even if he had such a right, the city provided...

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