(caption unavailable)

*Local Rule 47.5 provides: "The publication of opinions that have no precedential value
and merely decide particular cases on the basis of well-settled principles of law imposes
needless expense on the public and burdens on the legal profession." Pursuant to that Rule,
the Court has determined that this opinion should not be published.
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 92-2821
Summary Calendar
MARGARITO ROCHA,
Plaintiff-Appellant,
VERSUS
TEXAS ALCOHOLIC BEVERAGE, ET AL.,
Defendants-Appellees.
Appeal from the United States District Court
For the Southern District of Texas
CA H 91 2223
March 18, 1993
Before HIGGINBOTHAM, SMITH, and DeMOSS, Circuit Judges.
PER CURIAM:*
We have carefully reviewed the briefs, reply brief, record
excerpts, and the relevant portions of the record; and we concur
fully with the finding and ruling set forth by the trial judge in
his order of October 2, 1992, overruling plaintiff's motion to
reconsider the order of dismissal previously entered by the trial
court, as follows:
The plaintiff in this case, however, has
failed to identify the source of any property
interest in his employment. Under Texas law,

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absent an express contractual provision,
employees are employed at will. Valone v.
Agip Petroleum, 705 S.W.2d 751, 765 (Tex.
App.-- Houston 1986, writ ref'd n.r.e.); Berry
v. Doctor's Health Facilities, 715 S.W.2d 60,
61 (Tex. App.--Dallas 1986, n.w.h.); Reynolds
Mfg. Co. v. Mendoza, 644 S.W.2d 536, 539 (Tex.
App.--Corpus Christi 1982, writ ref'd
n.r.e.).Plaintiff has alleged no basis upon
which the term of his employment could be
found to be anything other than at will;
therefore, he has failed to establish the
existence of a property interest in his
employment.
Absent such property interest in his continued employment,
appellant has no basis for a claim under 42 U.S.C. § 1983 for
deprivations of rights, privileges, and immunities under the due
process and equal protection clauses of the Fourteenth Amendment to
the Constitution of the United States; and we AFFIRM the order of
dismissal entered by the trial judge.

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