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RAMEY v. HARBER

Nos. 77-1927, 77-1928 and 78-1010.

589 F.2d 753 (1978)

Clarence RAMEY, James Bledsoe, David Curtis Minton, Chester Fugate, Herschel Woodward, Onza Collier, Danny Moore, Ronnie Fortner, James Hensley, Muriel Gibbons, James Hamilton, Marion Hobbs, Appellees, v. Paul T. HARBER, Individually and as Sheriff of Lee County, Appellant, and Board of Supervisors of Lee County, W. Quentin Littrell, Individually and as member, Roy Lucas, Individually and as member, Ralph Robinette, Individually and as member, C. B. Waddell, Individually and as member, J. K. Newman, Individually and as member, Bill Jessee, Individually and as member, W. R. Hines, Individually and as member, A. T. Burchette, Individually and as member, Defendants. Clarence RAMEY, James Bledsoe, David Curtis Minton, Chester Fugate, Herschel Woodward, Onza Collier, Danny Moore, Ronnie Fortner, James Hensley, Muriel Gibbons, James Hamilton, Marion Hobbs, Appellants, v. Paul T. HARBER, Individually and as Sheriff of Lee County, Board of Supervisors of Lee County, W. Quentin Littrell, Individually and as member, Roy Lucas, Individually and as board member, Ralph Robinette, Individually and as member, C. B. Waddell, Individually and as member, J. K. Newman, Individually and as member, Bill Jessee, Individually and as member, W. R. Hines, Individually and as member, A. T. Burchette, Individually and as member, Appellees. Clarence RAMEY, James Bledsoe, David Curtis Minton, Chester Fugate, Onza Collier, Danny Moore, James Hensley, Muriel Gibbons, James Hamilton, Appellants, v. COUNTY OF LEE VIRGINIA, Board of Supervisors of Lee County, Virginia, W. Quentin Littrell, Roy Lucas, Ralph Robinette, C. B. Waddell, J. K. Newman, Bill Jessee, Jack Lee, A. T. Burchette, W. R. Hines, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 15, 1978.

Attorney(s) appearing for the Case

Walton D. Morris, Jr. and Gary S. Bradshaw, Big Stone Gap, Va. (Bradshaw & Morris, Ltd., Big Stone Gap, Va., on brief), for appellants.

Edgar Bacon, Larry Lewis, Jonesville, Va., James P. Jones and Stephen M. Hodges, Abingdon, Va. (Penn, Stuart, Eskridge & Jones, Abingdon, Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, COWEN, Senior Judge, and HALL, Circuit Judge.

COWEN, Senior Judge:

The appellants, hereinafter the deputies or plaintiffs, held positions as deputy sheriffs in Lee County, Virginia, until December 31, 1975. Deputy sheriffs in Lee County are nonconfidential, nonpolicymaking public employees. The plaintiffs were appointed as deputy sheriffs by Curtis H. Flanary, a Republican who was elected sheriff in the general election of November 1971. His term was 4 years and he held that office from January 1, 1972 through...

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