Legal Opinion

Franklin YEAGER, Walter Brandt, Don C. Yeager and Mark Yeager, Plaintiffs-Appellants, v. CITY of McGREGOR, Et Al., Defendants-Appellees

Court of Appeals for the Fifth Circuit

Decided February 8, 1993No. 91-8574PublishedCited by 38 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

Appellants were voted out of membership in the McGregor, Texas Volunteer Fire Department (MVFD). Unwilling to let bygones be bygones, they sued the City of McGregor, MVFD and three individual defendants. From the district court’s grant of summary judgment to the defendants, the former fire fighters have appealed. We affirm, principally because appellants did not raise a fact issue supporting their assertion that MVFD is a state actor or an agency of the City of McGregor. Where there is no state action, no section 1983 constitutional claim exists.

BACKGROUND

The…

2Cases cited37 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Lugar v. Edmondson Oil Co.Supreme Court of the United States · 1982
  3. City of St. Louis v. PraprotnikSupreme Court of the United States · 1988
  4. Carey v. PiphusSupreme Court of the United States · 1978
  5. Jackson v. Metropolitan Edison Co.Supreme Court of the United States · 1974

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3Cited by38 opinions

  1. Groman v. Township Of ManalapanCourt of Appeals for the First Circuit · 1995
  2. Mark v. Borough of HatboroCourt of Appeals for the Third Circuit · 1995
  3. Priester v. Lowndes CountyCourt of Appeals for the Fifth Circuit · 2004
  4. Mark v. Borough of HatboroCourt of Appeals for the Third Circuit · 1995
  5. Goldstein v. Chestnut Ridge Volunteer Fire Co.Court of Appeals for the Fourth Circuit · 2000

33 more not listed; retrieve them via the Exa API.

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