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HUX v. SOUTHERN METHODIST UNIVERSITY

No. 15-10654.

819 F.3d 776 (2016)

Daniel HUX, Plaintiff-Appellant, v. SOUTHERN METHODIST UNIVERSITY, a Texas Not-for-Profit Corporation; Richard A. Shafer, SMU Police Chief; Lisa Webb; Steve Logan, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 22, 2016.

Attorney(s) appearing for the Case

Timothy Derek Carson (argued), Cantey Hanger, L.L.P., Fort Worth, TX, Michael Patrick Kelly , Attorney, Darrell Gerard-Marc Noga , Cantey Hanger, L.L.P., Dallas, TX, for Plaintiff-Appellant.

Kimberly F. Williams, Esq. (argued), Taylor Freytag Brinkman , Locke Lord, L.L.P., Dallas, TX, for Defendants-Appellees.

Before DAVIS, SMITH, and HIGGINSON, Circuit Judges.

Daniel Hux, a former student at Southern Methodist University ("SMU"), appeals the Federal Rule of Civil Procedure 12(b)(6) dismissal of his Texas tort claim for alleged breach of the duty of good faith and fair dealing. Because Texas law does not impose a duty of good faith and fair dealing in the student-university...

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