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SWEENEY v. BOND

Nos. 81-1815 to 81-1817, 81-1878, 81-1906 and 81-2154.

669 F.2d 542 (1982)

Charles E. SWEENEY and Adele Schenberg on behalf of themselves and all other persons similarly situated; Rory Riddler; Dorothy Light; Juanita Briggs, Appellants, v. Christopher S. (Kit) BOND, individually and as Governor of the State of Missouri; Ray S. James, individually and as Director of the Department of Revenue of the State of Missouri; Ernestine Beckman; Gerard J. Schmidt, Appellees. Charles E. SWEENEY and Adele Schenberg on behalf of themselves and all other persons similarly situated; Rory Riddler; Dorothy Light; Juanita Briggs, Appellees, v. Christopher S. (Kit) Bond, individually and as Governor of the State of Missouri; Ray S. James, individually and as Director of the Department of Revenue of the State of Missouri; Ernestine Beckman; Gerard J. Schmidt. Ellie O'DONNELL; Denise Funderburk and Terry Cole, Appellants. Charles E. SWEENEY and Adele Schenberg on behalf of themselves and all other persons similarly situated; Rory Riddler; Dorothy Light; Juanita Briggs, Appellees, v. Christopher S. (Kit) Bond, individually and as Governor of the State of Missouri; Ray S. James, individually and as Director of the Department of Revenue of the State of Missouri. Ernestine BECKMAN and Gerard J. Schmidt, Appellants. Bert STEWART, Appellant, v. Christopher S. (Kit) BOND, Individually and as Governor of the State of Missouri and Ray S. James, Individually and as Director of the Department of Revenue of the State of Missouri, Appellees. Bert STEWART, Appellee, v. Christopher S. (Kit) Bond, Individually and as Governor of the State of Missouri; and Ray S. James, Individually and as Director of the Department of Revenue of the State of Missouri. Delores COOK, Appellant. Mary Jane JOOS, Appellant, William Otto Haag, Jr., v. Christopher S. (Kit) BOND, Individually and as Governor of the State of Missouri; Ray S. James, Individually and as Director of the Department of Revenue of the State of Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Rehearing and Rehearing Denied February 4, 1982.

Attorney(s) appearing for the Case

Irl B. Baris, argued, St. Louis, Mo., Frederick W. Drakesmith, Cundiff, Turken, Londoff & Drakesmith, St. Charles, Mo., for appellants Sweeney, Schenberg, Riddler, Light and Briggs.

John Ashcroft, Atty. Gen., Michael L. Boicourt, argued, Asst. Atty. Gen., Jefferson City, Mo., for appellees Bond and James.

Leland B. Curtis, Kenneth M. Romines, argued, Clayton, Mo., for appellants Ernestine Beckman, et al.

Daniel M. Scott, Federal Public Defender, D. Minnesota, Minneapolis, Minn., for appellant Larry Hopping.

Michael T. Cady, Anthony J. Coultas, St. Louis, Mo., for appellant Bert Stewart.

Before ROSS and STEPHENSON, Circuit Judges, and HOWARD, District Judge.

Rehearing and Rehearing En Banc in No. 81-1815 Denied February 4, 1982.

ROSS, Circuit Judge.

Plaintiffs in these consolidated cases alleged they were dismissed from their positions as fee agents for the State of Missouri because of their political affiliation and in violation of the first amendment. The district courts1 in separate memoranda2 held that fee agents were not state employees and thus were...

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