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BICKEL v. BURKHART

No. 79-1287.

632 F.2d 1251 (1980)

Frank D. BICKEL and The Garland Professional Firefighters' Association, Plaintiffs-Appellees, v. Bob G. BURKHART, The Garland Firemen's and Policemen's Civil Service Commission and The City of Garland, Texas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit A

December 17, 1980.

Attorney(s) appearing for the Case

Merril E. Nunn, Pete Eckert, Garland, Tex., for defendants-appellants.

Frederick M. Baron, Dallas, Tex., for plaintiffs-appellees.

Before WISDOM, AINSWORTH and GEE, Circuit Judges.

GEE, Circuit Judge:

In Davis v. Williams, 617 F.2d 1100 (5th Cir. 1980), this court held, en banc, that a municipal fire department rule requiring firemen to refrain from engaging in "[c]onduct prejudicial to good order" was not facially unconstitutional. The instant case raises the issue, not presented in Davis, of the constitutionality of that and other fire department rules as applied in a specific situation as well...

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