UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-40494
Summary Calendar
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KENNETH H. JUST,
Plaintiff-Appellant,
versus
VALLEY TELEPHONE COOPERATIVE, INC.;
RAMIRO ALANIZ; FRED HARRIS; J.R. MAYO;
CHARLES FRED HILLJE; DARELL LASSIG;
ROBERT LEO; JAMES MANN; MARGIE POLLOCK;
OTTO WAGNER; GEORGE BENNACK, Individually and
in His Official Capacity as Associate
General Manager For Valley Telephone Cooperative,
Inc.; DAVID HOLLSCHER, In their Official Capacity
as Board of Directors for
Valley Telephone Cooperative, Inc.,
Defendants-Appellees.
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Appeal from the United States District Court for the
Southern District of Texas
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September 19, 1996
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Appellant Kenneth H. Just appeals only from the summary
judgment of the district court which dismissed his civil rights
claims brought under Title 42 U.S.C. § 1983. Although Valley
*
Pursuant to Local Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in Local Rule 47.5.4.
Telephone Cooperative, Inc. is subject to some state regulation,
the private act complained of (termination without notice) was not
shown to be caused or aided by governmental involvement nor was any
fact issue as to governmental involvement raised by any summary
judgment proof. Because no nexus was shown between the state and
the complained of action, the district court correctly concluded
that there was no action under color of state law that would
support an action under 42 U.S.C. § 1983. See Jackson v.
Metropolitan Edison Company, 419 U.S. 345, 95 S.Ct. 449 (1974);
Just v. Telephone Cooperative Inc. et al., No. B-94-296 (S.D.Tex.
April 9, 1996).
AFFIRMED.
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