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HELFRICH v. COM. OF PA., DEPT. OF MILITARY AFFAIRS

Nos. 81-1393, 81-2287.

660 F.2d 88 (1981)

Thomas M. HELFRICH, Appellant in No. 81-1393, v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF MILITARY AFFAIRS, Pennsylvania Soldiers & Sailors Home; Col. Richard A. Weaver, Director of Administrative Services, Department of Military Affairs; John J. Driscoll, Commandant, Pennsylvania Soldiers & Sailors Home; T. M. Skarupski, Institutional Business Manager, Pennsylvania Soldiers & Sailors Home; and Vickie A. Tasker, Director of Nursing, Pennsylvania Soldiers & Sailors Home; all in both their official and individual capacities. Paula J. ROGALA, Appellant in No. 81-2287, v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF MILITARY AFFAIRS, Pennsylvania Soldiers & Sailors Home; Col. Richard A. Weaver, former Director of Administrative Services for the Pennsylvania Department of Military Affairs and his successor in office; John J. Driscoll, Commandant of the Pennsylvania Soldiers and Sailors Home; and Vickie A. Tasker, former Director of Nursing of the Pennsylvania Soldiers and Sailors Home and her successor in office; all in both their official and individual capacities.

United States Court of Appeals, Third Circuit.

Decided October 5, 1981.

Attorney(s) appearing for the Case

Richard T. Ruth, Erie, Pa., for appellants.

Alton P. Arnold, Jr., William A. Webb, Allen C. Warshaw, Deputy Attys. Gen., LeRoy S. Zimmerman, Atty. Gen., Pittsburgh, Pa., for appellees.

Before ALDISERT, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

Plaintiffs Helfrich and Rogala, who are former nursing assistants at the Pennsylvania Soldiers and Sailors Home in Erie, Pennsylvania, appeal from the dismissal of their 42 U.S.C. § 1983 complaints against the Commonwealth of Pennsylvania Department of Military Affairs, the home, and certain named Pennsylvania officials.1 Claiming that a proper exercise of their first amendment rights led...

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