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INDIANA STATE EMPLOYEES ASS'N, INC. v. NEGLEY

No. 73-2096.

501 F.2d 1239 (1974)

INDIANA STATE EMPLOYEES ASSOCIATION, INC., an Indiana not-for-profit corporation, et al., Plaintiffs-Appellants, v. Harold NEGLEY, Individually and as State Superintendent-elect of Public Instruction, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 9, 1974.

Attorney(s) appearing for the Case

Ronald E. Elberger, Indianapolis, Ind., for plaintiffs-appellants.

Theodore L. Sendak, Atty. Gen., Robert S. Spear, Deputy Atty. Gen., Indianapolis, Ind., for defendant-appellee.

Before FAIRCHILD and CUMMINGS, Circuit Judges, and MATTHES, Senior Circuit Judge.

MATTHES, Senior Circuit Judge.

This case was spawned by Illinois State Employees Union v. Lewis, 473 F.2d 561 (7th Cir. 1972), cert. denied, 410 U.S. 943, 93 S.Ct. 1370, 35 L.Ed.2d 609 (1973). In Lewis, this court generally disapproved on first amendment grounds patronage dismissals of non-policy making public employees, while affirming the right of a public executive to use political philosophy or affiliation as a basis...

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