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NUNNERY v. BARBER

No. 73-2502.

503 F.2d 1349 (1974)

Janice C. NUNNERY, an Individual, Appellant, v. J. Richard BARBER, as an Individual, and in his official capacity as the West Virginia Alcohol Beverage Control Commissioner, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 18, 1974.

Attorney(s) appearing for the Case

John Boettner, Jr., Charleston, W.Va., for appellant.

William R. Wooton, Asst. Atty. Gen. (Chauncey H. Browning, Jr., Atty. Gen., of West Virginia, on brief), for appellee.

Before BOREMAN, Senior Circuit Judge, and BUTZNER and RUSSELL, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

Plaintiff is a discharged manager of a state-operated liquor store in West Virginia. Contending her discharge was for patronage purposes and thereby violated her First Amendment rights, and was without due process, she sued the West Virginia Alcohol Beverage Control Commissioner both individually and officially for affirmative injunctive relief restoring her to her former position and for actual and punitive damages. She based federal...

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