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TROY v. CITY OF HAMPTON

Nos. 82-1862, 82-2107.

756 F.2d 1000 (1985)

William P. TROY, Appellee, v. CITY OF HAMPTON, a Virginia Municipal Corporation, Thomas Miller, City Manager of the City of Hampton, Virginia, John B. Petty, City Assessor of the City of Hampton, Virginia, and Michael A. Monteith, Director of Support Services, City of Hampton, Virginia, Appellants. Johnny BLACKMON, Appellant, v. OBSERVER TRANSPORTATION CO., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 5, 1985.

Attorney(s) appearing for the Case

W. Stephen Moore, Chief Deputy City Atty., Hampton, Va. (A. Paul Burton, City Atty., Hampton, Va., on brief), for appellants.

John L. Smith, Jr., Chesapeake, Va. (Benjamin A. Hubbard, Outland, Gray, O'Keefe & Hubbard, Chesapeake, Va., on brief), for appellee.

Jack M. Bernard, Philadelphia, Pa., for appellant.

D. Gerald Coke, Atlanta, Ga. (Paula A. Hilburn, Ford & Harrison, Atlanta, Ga., on brief), for appellee.

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN and CHAPMAN, Circuit Judges, sitting en banc.

CHAPMAN, Circuit Judge:

These two appeals have been consolidated for en banc consideration. Each case involves the question of whether the seventh amendment guarantees a right to a trial by jury in a suit to enforce a statutory cause of action for reinstatement to employment and compensation for lost wages under the Veterans Reemployment Rights Act (the Act), 38 U.S.C. §§ 2021 et seq. We find that there is no constitutional right to a jury trial under...

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