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SCHULTEA v. WOOD

No. 93-2186.

47 F.3d 1427 (1995)

Joseph M. SCHULTEA, Sr., Plaintiff-Appellee, v. David Robert WOOD, et al., Defendants, David Robert WOOD, Homer Ford, W.F. "Slim" Plagens and Warren K. Driver, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 9, 1995.

Attorney(s) appearing for the Case

George W. Vie, III, John Eckel, Mills, Shirley, Eckel & Bassett, Galveston, TX, for appellants.

Chris Lemens, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, for amicus State of Tex.

Lynne Marie Gomez, Kelley Abbott Hammon, Ross, Banks, May, Cron & Cavin, L.L.P., Houston, TX, for appellee.

Before POLITZ, Chief Judge, WISDOM, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART and PARKER, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

I.

A former chief of police for Tomball, Texas, alleges that three city councilmen and the city manager conspired to demote him after he reported to state authorities that one of the councilmen might be involved in illegal activity.

As chief of police, Joseph M. Schultea began investigating allegations in March 1992 that David R. Wood, a councilman, was involved in criminal activity. On April 8, 1992, Schultea...

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