Attorney(s) appearing for the Case
Robert B. King, Charleston, W.Va. (Rebecca A. Betts, King, Betts & Allen, Charleston, W.Va., on brief), for appellant John D. Rockefeller, IV.
David P. Cleek, Deputy Atty. Gen., Charleston, W.Va. (Chauncey H. Browning, Jr., Atty. Gen., Edward W. Eardley, Steptoe & Johnson, Charleston, W.Va., on brief), for appellants Charles L. Miller and Walter L. Gilbertson.
Timothy N. Barber, Charleston, W.Va. (Guy R. Bucci, Charleston, W.Va., on brief), for appellees.
Before WINTER, Chief Judge, HALL, Circuit Judge, and HAYNSWORTH, Senior Circuit Judge.
United States Court of Appeals, Fourth Circuit.
Rehearing and Rehearing En Banc Denied April 5, 1984.
HAYNSWORTH, Senior Circuit Judge:
In 1981, West Virginia's Department of Highways allegedly was confronted with the need to substantially cut its expenditures. It chose to terminate the employment of a large number of lower echelon employees. According to plaintiffs, the sole or principal criterion for the selection of those to be terminated was political party affiliation. Loyal Democrats were to be retained...
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