HORN v. KEAN

No. 84-5729.

796 F.2d 668 (1986)

Patricia HORN, Mary Jane Reed, Edward Munley, Marvin Olinsky, Michael Tango, and the New Jersey Motor Vehicle Agents Association, Marie Luberto, Raymond E. Littleford, Joseph Nemyo, John Letz, Florenne D. Sweethood, J. Harold Webb, Leona B. Clyde, and Ann Laonne, Appellants, v. Thomas KEAN, Governor of the State of New Jersey, Irwin Kimmelman, Attorney General State of New Jersey and Clifford Snedeker, Director of Motor Vehicles State of New Jersey.

United States Court of Appeals, Third Circuit.

Argued May 5, 1986.

Decided July 16, 1986.

As Amended July 16, 1986.


Attorney(s) appearing for the Case

Dennis O'Leary (Argued), Sussex, N.J., for appellants.

Andrea M. Silkowitz (Argued), Deputy Atty. Gen. of New Jersey, Newark, N.J., Irwin I. Kimmelman, Atty. Gen. of New Jersey, for appellees; Michael R. Cole, First Asst. Atty. Gen., Trenton, N.J., of counsel.

Before ALDISERT, Chief Judge, and SEITZ, ADAMS, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM, SLOVITER, BECKER, STAPLETON and MANSMANN, Circuit Judges.


Argued In Banc May 5, 1986.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT, in which Judges HUNTER, WEIS, and HIGGINBOTHAM join, and in which Judge BECKER joins except for part IV.

ALDISERT, Chief Judge.

The ultimate question for decision is whether New Jersey motor vehicle agents, chosen for their positions by a Democratic governor through the political patronage process, are insulated by the first amendment from being replaced by the governor's successor...

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