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COLVARD v. SPANGLER

No. 78-1550.

611 F.2d 528 (1979)

Paul L. COLVARD; Ed Owens; Frank Hughes; Claude Johnson; Weldon Parker; Billy Mills; William Steward; and Brice Roland, Appellants, v. R. W. SPANGLER, Individually, and as Division Engineer of the 14th Division of Highways, State of North Carolina Department of Transportation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 19, 1979.

Attorney(s) appearing for the Case

Robert B. Long, Jr., Asheville, N. C. (Jeffrey P. Hunt, Long, McClure, Parker, Hunt & Trull, P. A., Asheville, N. C., on brief), for appellants.

J. Chris Prather, Associate Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen. of North Carolina and H. A. Cole, Jr., Asst. Atty. Gen., Raleigh, N. C., on brief), for appellee.

Before HALL and MURNAGHAN, Circuit Judges, and PERRY, District Judge.

PER CURIAM:

Paul L. Colvard, and seven others, employees of the North Carolina Department of Transportation, sought relief for their dismissals, following the change in administrations attendant upon election of a Democratic governor to replace a Republican incumbent. The sole defendant was R. W. Spangler, a supervisory engineer in the highways division. Relief, both legal and equitable, was prayed in the complaint.

As the case was put to the jury, the plaintiffs...

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