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MESSER v. CURCI

Civ. A. No. 84-157.

610 F.Supp. 179 (1985)

Bruce MESSER and Timothy P'Simer, Plaintiffs, v. Fran CURCI, Kelly Newton, W. Gayle Foust and Thomas Lykins, Defendants.

United States District Court, E.D. Kentucky, Catlettsburg Division.

June 4, 1985.

Attorney(s) appearing for the Case

Stephen Krumm and Deborah G. Roher of Northeast Ky. Legal Services, Ashland, Ky., for plaintiffs.

J. Patrick Abell, Dept. of Parks, Paul C. Gaines, III, and Daniel F. Egbers, Cabinet for Human Resources, Frankfort, Ky., for defendants.

OPINION AND ORDER

BERTELSMAN, District Judge.

"To the Victor Belong the Spoils of the Enemy." — William L. Marcy, 1832

Defendants' motion to dismiss in this action presents the court with a significant issue, namely, whether the rule of Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976), prohibiting firings of non-policy making public employees for reasons of political patronage...

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