U.S. Court of Appeals for the Fifth Circuit, 1968

Jimmie R. Evans v. Ivan Allen, Jr.

Jimmie R. Evans v. Ivan Allen, Jr.
U.S. Court of Appeals for the Fifth Circuit · Decided October 28, 1968 · Tuttle, Dyer, Mehrtens
396 F.2d 801 (Federal Reporter, Second Series)

Jimmie R. Evans v. Ivan Allen, Jr.

Opinion

PER CURIAM:

It appearing that the appellants were not denied any constitutional rights by the actions of the Board of Firemasters, and the Aldermen of the City of Atlanta in discharging the appellants for the following charges, among others: (1) failure to obey or disobedience of an order of a superior; (2) neglect or shirking of a duty; (3) being absent without leave, we conclude that the trial court did not err in dismissing the complaint on a motion for summary judgment. Nothing said by this court in Hornsby v. Allen, 5 Cir., 1964, 326 F.2d 605, warrants any contrary determination here.

The judgment is affirmed.

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