LEWIS v. BLACKBURN

Nos. 83-1040(L), 83-1041.

759 F.2d 1171 (1985)

Georgia J. LEWIS, Appellee, v. R. Max BLACKBURN, Appellant, and Frank W. Snepp, Defendant. North Carolina Civil Liberties Union, Amicus Curiae. Georgia J. LEWIS, Appellee, v. R. Max BLACKBURN, Defendant, and Frank W. Snepp, Appellant. North Carolina Civil Liberties Union, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided April 24, 1985.


Attorney(s) appearing for the Case

Harry H. Harkins, Jr., Asst. Atty. Gen., Raleigh, N.C. (Rufus L. Edmisten, Atty. Gen., Millard R. Rich, Jr., Deputy Atty. Gen., Raleigh, N.C., Jane S. Barkley, Charlotte, N.C., on brief), for appellants.

George Daly, Charlotte, N.C., for appellee.

(Daniel H. Pollitt, Norman B. Smith, Greensboro, N.C., Dean Shangler, Law Student, University of North Carolina, Jay Trehy, Law Student, University of North Carolina on brief), for amicus curiae.

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


PER CURIAM:

For the reasons adequately set forth in Judge Ervin's dissent to the original panel opinion, Lewis v. Blackburn, 734 F.2d 1000, 1008-1012 (4th Cir.1984), we reverse the decision of the district court. 555 F.Supp. 713. We hold that the district court erred as a matter of law in finding that Georgia Lewis was not reappointed because she protested matters of public concern rather...

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