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THOMAS v. SMITH

No. 89-2517 (Summary Calendar).

897 F.2d 154 (1989)

Danny THOMAS, Plaintiff-Appellant, v. Raymond SMITH, Houston Independent School District, and Joan Raymond, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 13, 1989.

Attorney(s) appearing for the Case

Catherine Allen, Lewis, Allen & Lewis, Houston, Tex., for plaintiff-appellant.

Jeffrey J. Horner, Bracewell & Patterson, Houston, Tex., for defendants-appellees.

Before POLITZ, GARWOOD, and JOLLY, Circuit Judges:

PER CURIAM:

Reassigned after an investigation of charges of professional misconduct, Danny Thomas, a Houston, Texas school teacher filed a civil rights suit which the district court dismissed under Fed.R.Civ.P. 12(b)(6). Because the district court considered matters outside the pleadings we review Thomas' appeal in part as a 12(b)(6) dismissal and in part under standards applicable to a summary judgment dismissal under Fed.R.Civ.P. 56. Auster Oil & Gas, Inc...

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