Elenore Pred and Stanley Estersque v. Board of Public Instruction of Dade County

Fifth Circuit

Elenore Pred and Stanley Estersque v. Board of Public Instruction of Dade County

465 F.2d 1398, 1972 U.S. App. LEXIS 7634

CourtCourt of Appeals for the Fifth Circuit

DecidedSeptember 7, 1972

Docket71-1354

StatusPublished

This text of 465 F.2d 1398 (Elenore Pred and Stanley Estersque v. Board of Public Instruction of Dade County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Elenore Pred and Stanley Estersque v. Board of Public Instruction of Dade County, 465 F.2d 1398, 1972 U.S. App. LEXIS 7634 (5th Cir. 1972).

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Opinion

PER CURIAM:

The panel hearing oral argument in this appeal withheld its decision pending the decision of the Court sitting en banc in McDowell v. The State of Texas, Texas Board of Mental Health and Mental Retardation, et al., 465 F.2d 1342. The Court decided McDowell August 29,1972. Subsequent to en banc briefing, argument, and reconsideration of this cause, the Supreme Court decided Board of Regents of State Colleges v. Roth, 1972, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 [1972], and Perry v. Sinderman, 1972, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 [1972], which review and distill the rules of procedural due process in State employment termination situations. In view of these decisions, the full hearing conducted by the district court, and that court’s findings and conclusions of law the judgment must be affirmed.

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PER CURIAM:

The panel hearing oral argument in this appeal withheld its decision pending the decision of the Court sitting en banc in McDowell v. The State of Texas, Texas Board of Mental Health and Mental Retardation, et al., 465 F.2d 1342. The Court decided McDowell August 29,1972. Subsequent to en banc briefing, argument, and reconsideration of this cause, the Supreme Court decided Board of Regents of State Colleges v. Roth, 1972, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 [1972], and Perry v. Sinderman, 1972, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 [1972], which review and distill the rules of procedural due process in State employment termination situations. In view of these decisions, the full hearing conducted by the district court, and that court’s findings and conclusions of law the judgment must be affirmed.

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465 F.2d 1398, 1972 U.S. App. LEXIS 7634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elenore-pred-and-stanley-estersque-v-board-of-public-instruction-of-dade-ca5-1972.

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