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AUSTIN v. BERRYMAN

No. 88-3948.

862 F.2d 1050 (1989)

Barbara AUSTIN, Plaintiff-Appellee, v. Sandra BERRYMAN; Patrice Johnson; Joseph Hayes; Ralph Cantrell, Defendants-Appellants, National Employment Law Project, Inc., Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided December 6, 1988.

Rehearing Granted January 26, 1989.

Attorney(s) appearing for the Case

J. Steven Sheppard, III, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Richmond, Va., on brief), for appellants.

Martin Douglas Wegbreit, Castlewood, Va. (Hugh F. O'Donnell, Client Centered Legal Services of Southwest Virginia, Inc., St. Paul, Va., on brief), for appellee.

Elizabeth Athos, Tenafly, N.J., James Williams, Nat. Employment Law Project, Inc., Abington, Va., on brief, for amicus curiae.

Before WINTER, Chief Judge, and MURNAGHAN and SPROUSE, Circuit Judges.

Rehearing In Banc Granted January 26, 1989.

SPROUSE, Circuit Judge:

Sandra Berryman, Acting Chief Appeals Examiner, Patrice Johnson, Special Examiner, Joseph Hayes, Assistant for Commission Appeals, and Ralph Cantrell, Commissioner, all of the Virginia Employment Commission of the Commonwealth of Virginia, appeal from the judgment of the district court in favor of Barbara Austin. When Austin resigned her job in Salem...

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