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

528 F.2d 505 | 5th Cir. | 1976

Concurrence 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.






Lead Opinion

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.






Concurrence 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.






Concurrence 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.'






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.