Summary
holding that an aggrieved employee's failure to take advantage of a due process hearing results in waiver of the right to such hearing
Summary of this case from Blake, M.D. v. University of Mississippi Medical CenterOpinion
No. 78-2869.
May 28, 1981.
John Buckley, Texarkana, Tex., for plaintiff-appellant.
Martha H. Allan, Lonny Zwiener, Asst. Attys. Gen., Austin, Tex., for defendants-appellees.
Appeal from the United States District Court for the Northern District of Texas.
Before TUTTLE, AINSWORTH and SAM D. JOHNSON, Circuit Judges.
ON PETITION FOR REHEARING
The petition for rehearing is granted. The panel opinion, reported at 624 F.2d 612, is vacated. For the reasons stated in Judge Ainsworth's dissent, the judgment of the district court is affirmed.
With deference, I dissent, for the reasons stated in the prevailing opinion of the panel, reported at 624 F.2d 612.