MARKOS v. CITY OF ATLANTA, TEX.

No. 03-40140.

364 F.3d 567 (2004)

Ben MARKOS, Plaintiff-Appellant, v. CITY OF ATLANTA, TEXAS; Mike Dupree and Michael Ahrens, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 23, 2004.


Attorney(s) appearing for the Case

Troy Alan Hornsby (argued), Miller, James, Miller & Hornsby, Texarkana, TX, for Plaintiff-Appellant.

Gary Harold Shaver, Bradley R. Echols (argued), Boon, Shaver, Echols & Coleman, Longview, TX, for Defendants-Appellees.

Before KING, Chief Judge, DENNIS, Circuit Judge, and LYNN, District Judge.


DENNIS, Circuit Judge:

Ben Markos appeals the district court's order granting summary judgment in favor of defendants City of Atlanta, Texas, Mike Dupree, and Michael Ahrens on Markos' First Amendment retaliatory discharge claim. The district court dismissed this claim because the court found that Markos' speech did not involve a matter of public concern. We disagree. Thus, we reverse and remand this case to the district court for further proceedings consistent with...

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