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JOHNSTON v. HERSCHLER

No. 80-1342.

669 F.2d 617 (1982)

J. P. JOHNSTON, Plaintiff-Appellant, v. Ed HERSCHLER, individually and as Governor of the State of Wyoming, and Frank Mendicino, individually and as Attorney General for the State of Wyoming, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 21, 1982.

Attorney(s) appearing for the Case

Donald A. Brenner, Denver, Colo., for plaintiff-appellant.

Bruce A. Salzburg, Senior Asst. Atty. Gen., Cheyenne, Wyo. (John D. Troughton, Atty. Gen., State of Wyo., Cheyenne, Wyo., with him on the brief), for defendants-appellees.

Before SETH, BREITENSTEIN and LOGAN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Plaintiff-appellant Johnston, brought this action under 42 U.S.C. § 1983, claiming monetary damages from defendants-appellees Herschler and Mendicino, who at the time of the pertinent events were the Governor and Attorney General respectively of the State of Wyoming. Plaintiff claims a wrongful discharge in violation of his rights under the Fifth and Fourteenth Amendments to the United States Constitution. The district court entered...

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