HUTCHINSON v. MILLER

No. 85-1548.

797 F.2d 1279 (1986)

John HUTCHINSON; William Reese; Leonard Underwood, Appellants, v. Margaret D. MILLER, individually and as Clerk of the County Commission of Kanawha County, West Virginia; David Michael Staton; Steven L. Miller; James E. Roark, individually and as Prosecuting Attorney of Kanawha County, West Virginia; John A. Cavacini, Jr.; Computer Elections Systems, Inc., a foreign corporation; Bernard H. Meadows; Clayton Spangler; Keith Ervin Long; Carl Clough; William E. Biebel; Darlene Dotson; Carolyn Critchfield, individually and as Voter Registrar of Kanawha County, West Virginia; Ann Carroll, individually and as Chief Deputy of the County Commission of Kanawha County, West Virginia, Appellees, and Cherrie Lloyd, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided August 7, 1986.


Attorney(s) appearing for the Case

John E. Sutter (Ashcraft & Gerel, Baltimore, Md., on brief), and John R. Mitchell for appellants.

John F. Wood, Jr., for appellees Margaret D. Miller and Steven L. Miller.

Henry R. Glass, III (Chester Lovett, Lovett & Cooper, Charleston, W. Va., on brief), for appellee John A. Cavacini, Jr.

Larry A. Winter (David D. Johnson, III, Spilman, Thomas, Battle & Klostermeyer, Charleston, W. Va., on brief), for appellees Computer Election Systems, Inc., Irvine Keith Long, Cherrie Lloyd, Carl Clough and William Biebel.

W.E. Mohler, Charleston, W. Va., on brief, for appellee David M. Staton.

James B. McIntyre, Charleston, W. Va., on brief, for appellee James E. Roark.

Jack W. DeBolt, Charleston, W. Va., on brief, for appellee Bernard Meadows.

Michael R. Cline, Charleston, W. Va., on brief, for appellees Clayton Spangler, Darlene Dotson, Carolyn Critchfield and Anne Carroll.

Before PHILLIPS and WILKINSON, Circuit Judges, and GORDON, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.


WILKINSON, Circuit Judge:

Plaintiffs are three unsuccessful candidates for public office who seek to recover approximately $9 million in damages under 42 U.S.C. § 1983, 18 U.S.C. § 1964 (Racketeer Influenced and Corrupt Organizations Act — RICO), and the common law of West Virginia, for alleged irregularities in the 1980 general election. The district court granted motions to dismiss, summary judgment, or directed verdicts in favor of all defendants...

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