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TANNER v. McCALL

No. 78-3211.

625 F.2d 1183 (1980)

Bobby F. TANNER, Plaintiff-Appellee, Appellant, Ned A. Knuth et al., Plaintiffs-Appellees, Cross-Appellants, v. Malcolm McCALL, individually and in his official capacity as Sheriff of Lake County, Florida, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 16, 1980.

Attorney(s) appearing for the Case

Julius F. Parker, Jr., Tallahassee, Fla., Neal D. Huebsch, Eustis, Fla., for Malcolm McCall.

Ben R. Patterson, III, Tallahassee, Fla., for Bobby F. Tanner.

Before FAY, KRAVITCH and RANDALL, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 16, 1980.

FAY, Circuit Judge:

Five former deputies and a former secretary of the Lake County Sheriff's Department sued Sheriff Malcolm McCall for violating their rights under the first and fourteenth amendments and 42 U.S.C. § 1983 (1976). Plaintiffs alleged that patronage considerations unlawfully motivated McCall's decision not to reappoint them. A jury returned a verdict against plaintiff Bobby F. Tanner...

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