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FOX & CO. v. SCHOEMEHL

No. 81-1884.

671 F.2d 303 (1982)

FOX & COMPANY, a partnership; F. H. Brandhorst; W. J. Grace; W. Knepper; A. L. McWilliams; S. Salniker; and D. M. Schuessler, Appellants, v. Vincent SCHOEMEHL, individually and as Mayor of the City of St. Louis; John Temporiti, individually and as Chief of Staff of Mayor Vincent Schoemehl; Peat, Marwick, Mitchell & Co., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 24, 1982.

Attorney(s) appearing for the Case

Lewis, Rice, Tucker, Allen & Chubb, Andrew Rothschild, St. Louis, Mo., for respondent Peat, Marwick, Mitchell & Co.

Joseph R. Niemann, City Counselor, Judith A. Ronzio, argued, Associate City Counselor, St. Louis, Mo., for appellees Schoemehl and Temporiti.

Carroll J. Donohue, argued, Mark G. Arnold, Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, Mo., for appellants.

Before BRIGHT, ROSS and STEPHENSON, Circuit Judges.

ROSS, Circuit Judge.

Plaintiffs brought this action under 42 U.S.C. § 1983 alleging that plaintiffs were dismissed from their positions as city auditors for the City of St. Louis, Missouri for political reasons in violation of the first amendment. The district court1, 519 F.Supp. 849, held that because plaintiffs were not public employees they were not protected from political dismissal. We affirm...

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