MALLEK v. CITY OF SAN BENITO

No. 96-40658.

121 F.3d 993 (1997)

Barry MALLEK, et al., Plaintiffs, Barry Mallek, Plaintiff-Appellant, v. The CITY OF SAN BENITO, A Local Governmental Body and Political Subdivision of the State of Texas; The City Commission for the City of San Benito, Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 16, 1997.


Attorney(s) appearing for the Case

Neil Ernest Norguest, Chris Anthony Brisack, Norguest & Brisack, McAllen, TX, Norton A. Colvin, Jr., Alison Diane Kennamer, Rodriguez, Colvin & Chaney, Brownsville, TX, for Plaintiff-Appellant.

J. Arnold Aquilar, Brownsville, TX, for Defendants-Appellees.

Before DUHÉ and BARKSDALE, Circuit Judges, and COBB, District Judge.


DUHÉ, Circuit Judge:

Plaintiff-Appellant Barry Mallek appeals the dismissal — through two partial summary judgments and one judgment as a matter of law — of his wrongful termination claim against Defendant-Appellee City of San Benito, Texas. For reasons that follow, we vacate and remand.

I.

On 26 March 1992, Barry Mallek received from Carla Schuller, acting City Manager for the City of San Benito, a telefax letter confirming Mallek...

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