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KIRKER v. MOORE

No. 14713.

436 F.2d 423 (1971)

Lyle KIRKER et al., Appellants, v. Arch A. MOORE, Jr., et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 28, 1971.

Attorney(s) appearing for the Case

Jules Bernstein (Robert J. Connerton, Arthur M. Schiller and James B. McIntyre, on the brief), for appellants.

F. Paul Chambers, Sp. Asst. Atty. Gen. of West Virginia (Chauncey H. Browning, Jr., Atty. Gen. of West Virginia, John R. Lukens, Louis S. Southworth, II, Charleston, W.Va., and Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., and Richard E. Tyson, Huntington, W.Va., on the brief, for appellees.

Before HAYNSWORTH, Chief Judge, and BOREMAN and BRYAN, Circuit Judges.

PER CURIAM:

The plaintiffs, formerly employees of the West Virginia State Road Commission, contest their discharge by the defendants on March 11, 1969 after they had concertedly refused to work in the face of severe weather conditions persisting over much of the state. They appeal from the district court's order granting summary judgment for the defendants.

For the reasons stated by the district court,* we are persuaded that the...

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