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NESS v. MARSHALL

Nos. 81-1057 to 81-1059.

660 F.2d 517 (1981)

Harry M. NESS, Appellant, v. Elizabeth N. MARSHALL, Individually and in her capacity as Mayor of the City of York, Pennsylvania, and James S. A. Bentzel, William L. Smallwood, Elizabeth L. Brooks, Robert G. Leichliter, James R. Vogelsong, Individually and in their capacity as members of the City Council of York, Pennsylvania. Edward C. ROBERTS, Appellant, v. Elizabeth N. MARSHALL, Individually and in her capacity as Mayor of the City of York, Pennsylvania, and James S. A. Bentzel, William L. Smallwood, Elizabeth L. Brooks, Robert G. Leichliter and James R. Vogelsong, Individually and in their capacity as members of the City Council of York, Pennsylvania. John W. THOMPSON, Jr., Appellant, v. Elizabeth N. MARSHALL, Individually and in her capacity as Mayor of the City of York, Pa. and James S. A. Bentzel, William L. Smallwood, Elizabeth L. Brooks, Robert G. Leichliter, James R. Vogelsong, Individually and in their capacity as members of the City Council of York, Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided September 28, 1981.

Attorney(s) appearing for the Case

Lewis H. Markowitz, argued, Marc G. Tarlow, Markowitz & Seidensticker, P. C., York, Pa., for appellant.

Rees Griffiths, argued, Liverant, Senft & Cohen, York, Pa., for appellees.

Before GIBBONS and HUNTER, Circuit Judges, and GERRY, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Petitioners in these three consolidated appeals alleged that they were dismissed from their positions as solicitors for the City of York, Pennsylvania for reasons of their political affiliation and in violation of their First Amendment rights. The district court judge granted defendants summary judgment on two grounds: (1) that the evidence indicated no genuine issue...

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