Barlow v. Atlanta Housing Authority

Full title: KATHERINE BARLOW, ETC., PLAINTIFF-APPELLANT, v. ATLANTA HOUSING AUTHORITY…

Court: United States Court of Appeals, Fifth Circuit

Date published: Mar 30, 1979

592 F.2d 280 (5th Cir. 1979)

Opinion

No. 77-1779.

March 30, 1979.

Myron Kramer, Robert N. Dokson, Claudia Tesoro, Atlanta, Ga., for plaintiff-appellant.

Lenwood A. Jackson, Atlanta, Ga., for defendants-appellees.

Appeal from the United States District Court for the Northern District of Georgia; Albert J. Henderson, Jr., Chief Judge.

Before BROWN, Chief Judge, AINSWORTH, Circuit Judge, and CAMPBELL^_, District Judge.

_ District Judge of the Northern District of Illinois, sitting by designation.

PER CURIAM:

For the reasons set forth in District Judge Murphy's opinion in Harrison v. Housing Authority of the City of College Park, N.D.Ga., 1978, 445 F. Supp. 356, aff'd, 5 Cir., 1979, 592 F.2d 281, we hold that appellant Katherine Barlow did not, under Georgia law, have a property interest in her continued employment with the Atlanta Housing Authority. See Bishop v. Wood, 1976, 426 U.S. 341, 96 S.Ct. 2074, 48 L.Ed.2d 684. In view of this, in affirming the summary judgment entered in favor of the defendants we need not reach the issue of whether due process was afforded appellant Barlow. On the basis of Chief Judge Henderson's opinion in the instant case below, we also affirm the denial of class certification under F.R.Civ.P. 23.

AFFIRMED.