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BATISTE v. BURKE

No. 84-3292 Summary Calendar.

746 F.2d 257 (1984)

Milton BATISTE, Plaintiff-Appellant, v. Paul V. BURKE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 12, 1984.

Attorney(s) appearing for the Case

Joseph W. Thomas, New Orleans, La., for plaintiff-appellant.

John Volz, U.S. Atty., Ruth Morris Force, Asst. U.S. Atty., McGlinchey, Stafford, Mintz & Cellini, New Orleans, La., Eric Jay Scharf, Washington, D.C., for defendant-appellee.

Before WILLIAMS, JOLLY, and HILL, Circuit Judges.

ROBERT MADDEN HILL, Circuit Judge:

Milton Batiste brings this action against Paul V. Burke, the Sectional Center Manager/Postmaster in the New Orleans Branch of the United States Postal Service, complaining that Burke's decision not to hire Batiste violated his constitutional right to due process. The trial court granted summary judgment in favor of Burke on the ground that he is entitled to official immunity from suit for the conduct in question. We affirm.

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