YORK COUNTY FIRE FIGHTERS v. YORK COUNTY

No. 77-2528.

589 F.2d 775 (1978)

YORK COUNTY FIRE FIGHTERS ASSOCIATION, LOCAL 2498, International Association of Fire Fighters, and Gary L. Smith, William E. Nelson, and Harry A. Schneider, Appellants, v. COUNTY OF YORK, VIRGINIA, a Municipal Corporation, Wallace J. Robertson, Chief, York County Fire Department, R. E. Bain, County Administrator, County of York, Virginia, Harry Tabb Smith, John M. Quarles, M.D., Shirley F. Cooper, Howard T. Burcher, and George D. Cole, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 26, 1978.


Attorney(s) appearing for the Case

E. D. David, Newport News, Va. (Jones, Blechman, Woltz & Kelly, Gerald D. Robertson, Atkinson & Robertson, Newport News, Va., on brief), for appellants.

James E. Bradberry, Newport News, Va. (C. G. Moore, Moore, Weaver, Moore & Bradberry, Newport News, Va., on brief), for appellees.

Before WINTER, Circuit Judge, FIELD, Senior Circuit Judge, and PHILLIPS, Circuit Judge.


WINTER, Circuit Judge:

Three captains of the York County (Virginia) Fire Department and the York County Fire Fighters Association, a union of fire fighters, sued to have declared invalid resolutions of the York County Board of Supervisors which prohibit supervisors in the fire department from belonging to the union. On motion for summary judgment, the district court concluded that the individual plaintiffs were supervisors and were therefore prohibited from belonging...

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