ROSE v. BARTLE

Nos. 88-1634, 88-1646, 88-1650 and 88-1653.

871 F.2d 331 (1989)

ROSE, Joseph, Appellant in No. 88-1634 v. BARTLE, Paul, Asher, Robert, Smyth, Joseph A. Jr., Goodman, Bert, Vance, Oscar, Montgomery County, and Republican Party of Montgomery County. (D.C.Civ. No. 86-6255). REED, Trudy W., Appellant in No. 88-1646 v. BARTLE, Paul B., Banning, Rita C., Demaioribus, James R., collectively as the Salary Board of Montgomery County, Bartle, Paul, individually, Asher, Robert, Smyth, Joseph A., Jr., Goodman, Bert, Vance, Oscar, Montgomery County, Republican Party of Montgomery County, Commissioners of the County of Montgomery (D.C.Civ. No. 87-6405). HILL, Frederick B. v. BARTLE, Paul, Asher, Robert, Smyth, Joseph A., Jr., Goodman, Bert, Vance, Oscar, Montgomery County, and Republican Party of Montgomery County (D.C. Civil 86-6963). HILL, Frederick B. v. BARTLE, Paul, Asher, Robert, Smyth, Joseph A., Jr., Goodman, Bert, and Republican Party of Montgomery County, Montgomery County (D.C. Civil 87-3927). Appeal of Frederick HILL, KOLIMAGA, Walter, Appellant in No. 88-1653 v. BARTLE, Paul, Asher, Robert, Montgomery County, and Republican Party of Montgomery County (D.C. Civil No. 87-0804).

United States Court of Appeals, Third Circuit.

Decided March 20, 1989.


Attorney(s) appearing for the Case

Adam Thurschwell (argued), David Kairys, Kairys & Rudovsky, Philadelphia, Pa., for Rose, Joseph, Appellant No. 88-1634.

Randolph A. Scott (argued), Randolph Scott Associates, Warrington, Pa., for Reed, Trudy W., Appellant No. 88-1646.

Richard J. Lyons (argued), Connolly, Candor & McAndrews, Doylestown, Pa., for Frederick Hill, Appellant No. 88-1650.

James E. Beasley, Thomas A. Sprague (argued), Beasley, Casey, Colleran, Erbstein, Thistle, Kline & Murphy, Philadelphia, Pa., for Kolimaga, Walter, Appellant No. 88-1653.

John F. Smith, III, Mark J. Levin (argued), Dilworth, Paxson, Kalish & Kauffman, Philadelphia, Pa., for Montgomery County & Paul Bartle.

Mary MacNeil Killinger, Dist. Atty's Office, Norristown, Pa., for Montgomery County.

Daniel J. Ryan, Douglas J. Kent (argued), LaBrum and Doak, Philadelphia, Pa., for Robert Asher, et al.

Charles W. Craven, Marshall, Dennehey, Warner, Coleman, & Goggin, Philadelphia, Pa., for Robert Asher.

Gregory T. Magarity (argued), Debra Klebanoff, Stanley R. Scheiner, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for Bert Goodman, et al.

David H. Marion (argued), Edward T. Ellis, David Zalesne, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for Joseph A. Smyth, Jr.

Before GIBBONS, Chief Judge, and GREENBERG and ROSENN, Circuit Judges.


OPINION OF THE COURT

GREENBERG, Circuit Judge.

This appeal consolidates the claims of four separate appellants whose complaints are grounded in the same alleged misconduct of the defendants. The plaintiff-appellants were employed in the office of the sheriff of Montgomery County, Pennsylvania. Frederick Hill was the elected sheriff, Joseph Rose the chief deputy sheriff, Walter Kolimaga a lieutenant, and Trudy W...

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