ENGLAND v. ROCKEFELLER

Nos. 83-1851(L), 83-1852 to 83-1854.

739 F.2d 140 (1984)

William ENGLAND; John L. Cooper; Conrad Brown and Jessie Hypes, Appellees, v. John D. ROCKEFELLER, IV, individually and in his official capacity as Governor of the State of West Virginia, Appellant, and Julian W. Ware, individually and in his official capacity as District Engineer for District Ten (10) of the West Virginia Department of Highways; Christine Toney, individually and in her official capacity as Community Affairs Coordinator of District Ten (10) of the West Virginia Department of Highways; Charles L. Miller, individually and in his official capacity as Commissioner of the West Virginia Department of Highways; and other persons, individually and in their official capacities, whose names are at this time unknown to the Plaintiffs, Defendants. William ENGLAND; John L. Cooper; Conrad Brown and Jessie Hypes, Appellees, v. Charles L. MILLER, individually and in his official capacity as Commissioner of the West Virginia Department of Highways, Appellant, and Julian W. Ware, individually and in his official capacity as District Engineer for District Ten (10) of the West Virginia Department of Highways; Christine Toney, individually and in her official capacity as Community Affairs Coordinator of District Ten (10) of the West Virginia Department of Highways; John D. Rockefeller, IV, individually and in his official capacity as Governor of the State of West Virginia; and other persons, individually and in their official capacities, whose names are at this time unknown to the plaintiffs, Defendants. George L. DOUGLAS, Bette Hatton, Richard Damron, Claude W. Jarrell, James E. Lucas, Carl Brunty, Martha L. Counts, Larry G. Porter, Donald L. Roy, Richard L. Webb, Hillard Browning, Paul Farris and Curley Belcher, Appellees, v. Walter J. GALLOWAY, Robert G. Huffman, Charles Williams, Jerry Roach, James R. Campbell, Charles Shaver, Charles L. Miller, all individually & in official capacities; and Lucien Frye, Wally Stowers and Robert Nelson, all individually, Defendants, and John D. Rockefeller, IV, individually & in official capacity, Appellant. George L. DOUGLAS, Bette Hatton, Richard Damron, Claude W. Jarrell, James E. Lucas, Carl Brunty, Martha L. Counts, Larry G. Porter, Donald L. Roy, Richard L. Webb, Hillard Browning, Paul Farris and Curley Belcher, Appellees, v. Walter J. GALLOWAY, Robert G. Huffman, Charles Williams, Jerry Roach, James R. Campbell, Charles Shaver, John D. Rockefeller, IV, all individually & in official capacities; and Lucien Frye, Wally Stowers and Robert Nelson, all individually, Defendants, and Charles L. Miller, individually and in official capacity, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 16, 1984.


Attorney(s) appearing for the Case

Rebecca A. Betts, Charleston, W.Va. (Robert B. King, King, Betts & Allen, Charleston, W.Va., on brief), for appellant in Nos. 83-1851 and 83-1853.

Chauncey H. Browning, Atty. Gen. of W.Va., Richard L. Earles, Deputy Atty. Gen., Edward W. Eardley and Steptoe & Johnson, Charleston, W.Va., on brief, for appellants in Nos. 83-1852 and 83-1854.

J. David Cecil, Charleston, W.Va. (Leo Catsonis, Charleston, W.Va., on brief), for appellees.

Before WINTER, Chief Judge, and HALL and ERVIN, Circuit Judges.


HARRISON L. WINTER, Chief Judge:

These appeals are in two of the nine cases pending in the Northern and Southern Districts of West Virginia in which former employees of the West Virginia Department of Highways (DOH) sued Governor Rockefeller, Commissioner Miller and others, asserting that plaintiffs were terminated for political reasons, in violation of their constitutional right of free association. See Elrod v. Burns, 427 U.S. 347...

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