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BEVER v. GILBERTSON

Nos. 83-1790, 83-1791.

724 F.2d 1083 (1984)

John M. BEVER, Clearyl Davis, John E. Ellifritt, Cecil Fling, Drexeline Perrine, Francis D. Radcliff, Robert W. Robinson, Michael Shepherd, Larry Williams and Larry W. Griffin, Appellees, v. Walter GILBERTSON and Charles L. Miller, Appellants, and John Gum, Wilton Williams, individually and as Commissioner of the West Virginia Department of Highways; and John D. Rockefeller, IV, individually and as Governor of the State of West Virginia, Defendants. John M. BEVER, Clearyl Davis, John E. Ellifritt, Cecil Fling, Drexelene Perrine, Francis D. Radcliff, Robert W. Robinson, Michael Shepherd, Larry Williams and Larry W. Griffin, Appellees, v. John D. ROCKEFELLER, IV, Appellant, and John Gum, Walter Gilbertson, Wilton Williams, Charles L. Miller, individually and as Commissioner of the West Virginia Department of Highways, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 11, 1984.

Rehearing and Rehearing Denied April 5, 1984.

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.

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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