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LASKARIS v. THORNBURGH

No. 83-5191.

733 F.2d 260 (1984)

Peter J. LASKARIS, Appellant, v. Richard THORNBURGH, Governor of the Commonwealth of Pennsylvania, Thomas Larson, Secretary of the Pennsylvania Department of Transportation, Dennis Hilton and Representative John Peterson, Richard Thornburgh, Thomas Larson and John Peterson, Appellees. Michael SKAPURA, Appellant, v. Richard THORNBURGH, Governor of the Commonwealth of Pennsylvania, Thomas Larson, Secretary of the Pennsylvania Dept. of Transportation, John Harhigh, Director of Bureau of Personnel; James I. Scheiner, Deputy Secretary for Administration of the Pennsylvania Department of Transportation; all in both their official and individual capacities, Richard Thornburgh, Thomas Larson and James I. Scheiner, Appellees.

United States Court of Appeals, Third Circuit.

Decided April 24, 1984.

Rehearing Denied May 18, 1984.

Attorney(s) appearing for the Case

Mark D. Speaker, argued, Gilbert J. Helwig, Wendy Taylor Homyak, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellants.

Norman H. Stark, argued, MacDonald, Illig, Jones & Britton, Erie, Pa., for appellee Peterson.

Carleton O. Strouss, argued, Robert H. Raymond, Jr., Spencer A. Manthorpe, Jay C. Waldman, Office of Chief Counsel, Pa. Dept. of Transp., Harrisburg, Pa., Alton P. Arnold, Jr., Deputy Atty. Gen., Pittsburgh, Pa., for Thornburgh, Larson & Scheiner.

Before ADAMS and GARTH, Circuit Judges, and COHEN, District Judge.

OPINION OF THE COURT

GARTH, Circuit Judge:

In this case appellants Peter J. Laskaris and Michael Skapura contend that they were improperly denied a jury trial on their claims that they were unlawfully discharged because of their political affiliation. We hold that Laskaris and Skapura's claims for compensatory and punitive damages entitled them to a jury trial. The district court's failure to award a jury trial, however, was harmless, because the evidence...

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