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GILMORE v. JAMES

Civ. A. No. 3-1777.

274 F.Supp. 75 (1967)

Everett M. GILMORE, Jr., et al., Plaintiffs, v. Jesse JAMES, Treasurer of the State of Texas et al., Defendants.

United States District Court N. D. Texas, Dallas Division.

Judgment Affirmed January 15, 1968.

Attorney(s) appearing for the Case

David R. Richards, American Civil Liberties Union, by Fred O. Weldon, Jr., Dallas, Tex., for plaintiffs.

Crawford C. Martin, Jr., Atty. Gen. of Tex., and W. O. Shultz, Asst. Atty. Gen., Austin, Tex., for defendants Jesse James, Robert Calvert and Board of Regents of University of Texas.

H. P. Kucera, of Strasburger, Price, Kelton, Martin & Unis, Dallas, Tex., for defendant Dallas County Junior College.

Before GOLDBERG, Circuit Judge, and HUGHES and TAYLOR, District Judges.

Judgment Affirmed January 15, 1968. See 88 S.Ct. 695.

OPINION

GOLDBERG, Circuit Judge, and TAYLOR, District Judge.

Everett M. Gilmore, Jr. was a tuba instructor at Dallas County Junior College when that newly created institution first began its academic curriculum in September, 1966. Upon his refusal to execute the non-subversive loyalty oath required of all instructors at the college,1 Gilmore was dismissed.

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