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McINTOSH v. PARTRIDGE

No. 07-20440.

540 F.3d 315 (2008)

Jonathon C. McINTOSH, DDS, Plaintiff-Appellant, v. David PARTRIDGE, M.D., Individually and In His Official Capacity, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 8, 2008.

Attorney(s) appearing for the Case

Joseph Rutherford Willie, II (argued), Willie & Associates, Houston, TX, for McIntosh.

Daniel Luke Geyser (argued), Craig H. Russell, Thomas J. Turner, Austin, TX, for Partridge.

Sarah Elaine Harrington (argued), Jessica Dunsay Silver, U.S. Dept. of Justice, Civ. Rights Div-App. Section, Washington, DC, for U.S.

Before GARWOOD, CLEMENT and ELROD, Circuit Judges.

GARWOOD, Circuit Judge:

Jonathon McIntosh, DDS, appeals the district court's April 30, 2007 summary judgment based dismissal of his suit under the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Due Process and Equal Protection Clauses of the Fourteenth Amendment, and Texas common law defamation. For the following reasons, we direct that the USERRA claim be dismissed for want of jurisdiction, and we otherwise affirm.

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