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BARROW v. GREENVILLE INDEPENDENT SCHOOL DIST.

No. 05-11151.

480 F.3d 377 (2007)

Karen Jo BARROW, Plaintiff-Appellant, v. GREENVILLE INDEPENDENT SCHOOL DISTRICT; et al., Defendants, Greenville Independent School District, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 26, 2007.

Attorney(s) appearing for the Case

William Charles Bundren (argued), Wm. Charles Bundren & Associates, Frisco, TX, for Barrow.

Dennis J. Eichelbaum (argued), Janice Shelton Parker, Schwartz & Eichelbaum, Frisco, TX, Cobby A. Caputo, Schwartz & Eichelbaum, Austin, TX, Thomas Phillip Brandt, Fanning, Harper & Martinson, Dallas, TX, for Defendant-Appellee.

Before JOLLY, HIGGINBOTHAM and DENNIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The district court held that the superintendent of defendant Greenville Independent School District did not act as a policymaker for the district in refusing to recommend a teacher for promotion. Under Texas law, a school district's board of trustees can hire or promote only persons recommended by the superintendent. Yet the Board has the power to hire and fire the superintendent. Concluding...

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