U.S. Court of Appeals for the Fifth Circuit, 1976

William J. Warner, Jr., Etc. v. Board of Trustees of the Police Pension Fund of the City of New Orleans, and Its Members, Capt. Alvin H. Rankin

U.S. Court of Appeals for the Fifth Circuit · Decided February 27, 1976 · Ainsworth, Bell, Brown, Coleman, Gewin, Godbold, Goldberg, Per Curiam, Thornberry, Tut-Tle, Tuttle, Wisdom

528 F.2d 505; 1976 U.S. App. LEXIS 12655 (Federal Reporter, Second Series)

Dissenting Opinion

TUTTLE, Circuit Judge, with whom WISDOM, GOLDBERG and MORGAN, Circuit Judges,

join (dissenting).

I dissent from the decision in this case on the grounds stated by me in the dissent in Muzquiz v. City of San Antonio, et al., 5 Cir. 1976, 528 F.2d 499, announced this day.

Concurring in Part

THORNBERRY, Circuit Judge

(concurring in part and dissenting in part).

I concur in part and dissent in part in accordance with the views set forth in my partial concurrence and partial dissent in Muzquiz v. City of San Antonio, *506528 F.2d 499 (5 Cir. 1976), decided this day.

Concurring in Part

GODBOLD, Circuit Judge

(concurring in part and dissenting in part).

I dissent in part and concur in part as set forth in my opinion in Muzquiz v. City of San Antonio, 528 F.2d 499 [No. 74-3177] (CA 5, 1976), decided this day.'

Opinion of the Court

PER CURIAM:

This appeal presents the same jurisdictional issues as are involved in Muzquiz v. City of San Antonio, 5 Cir. 1976, 528 F.2d 499, today decided.

The trial court’s order dismissing the complaint for want of § 1983 jurisdiction was proper for the reasons stated by us in Muzquiz.

Affirmed.

Concurring in Part

JOHN R. BROWN, Chief Judge

(dissenting and concurring in part).

I dissent in part and concur in part as set forth in my opinion in Muzquiz v. City of San Antonio, 5 Cir. 1976, 528 F.2d 499, decided this day.

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