BASTIAN v. KENNEDY

No. 87-1084.

829 F.2d 1 (1987)

Judith S. BASTIAN, Plaintiff, Appellant, v. Stephen M. KENNEDY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 14, 1987.


Attorney(s) appearing for the Case

Charles G. Douglas, III with whom McSwiney, Jones, Semple & Douglas, Concord, N.H., was on brief, for plaintiff, appellant.

Bruce E. Mohl, Deputy Atty. Gen., with whom Stephen E. Merrill, Atty. Gen., and Ronald F. Rodgers, Sr. Asst. Atty. Gen., Concord, N.H., were on brief, for defendant, appellee.

Donald J. Pfundstein, Bamberger & Pfundstein, and James A. Sweeney, Concord, N.H., on brief, for William S. Bartlett, Jr., President of the New Hampshire Senate, and W. Douglas Scamman, Jr., Speaker of the New Hampshire House of Representatives, amici curiae.

Before BREYER and TORRUELLA, Circuit Judges, and RE, Judge.


TORRUELLA, Circuit Judge.

This case presents the question whether a state official was deprived of property without due process of law when her office was eliminated by legislation, when she was transferred to a newly created office that assumed the functions of her old office, and when she was not reappointed to her new office after one term. We affirm the dismissal of the case.

Background

Judith S. Bastian was appointed Director of Personnel...

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