AGOSTO-DE-FELICIANO v. APONTE-ROQUE

Nos. 86-1300, 86-1643 and 86-1644.

889 F.2d 1209 (1989)

Maria M. AGOSTO-DE-FELICIANO, et al., Plaintiffs, Appellees, v. Awilda APONTE-ROQUE, etc., et al., Defendants, Appellants. Maria Teresa TORRES-HERNANDEZ, et al., Plaintiffs, Appellees, v. Pedro A. PADILLA, etc., et al., Defendants, Appellants. Maria Teresa TORRES-HERNANDEZ, Plaintiff, Appellant, v. Pedro A. PADILLA, etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 8, 1989.


Attorney(s) appearing for the Case

Jose Hamid Rivera with whom, Saldana, Rey, Moran & Alvarado, Hato Rey, P.R., Hector Rivera Cruz, Secretary of Justice, Bayamon, P.R., and Rafael Ortiz Carrion, Sol. Gen., were on supplemental brief for defendant-appellant, Awilda Aponte-Roque.

Pedro Juan Perez Nieves with whom, Saldana, Rey, Moran & Alvarado, Hato Rey, P.R., Hector Rivera Cruz, Secretary of Justice, Bayamon, P.R., and Rafael Ortiz Carrion, Sol. Gen., were on supplemental brief, for Pedro A. Padilla, et al.

Pedro Mirando Corrada, San Juan, with whom, Hector Urgell Cuebas and Jose Roberto Feijoo, Santurce, P.R., were on supplemental brief for plaintiffs-appellees, Maria M. Agosto-De-Feliciano, et al.

Eliezer Aldarondo Ortiz, Hato Rey, P.R., Miguel Pagan, San Juan, P.R., and Aldarondo & Lopez Bras, on supplemental brief, for Maria Teresa Torres-Hernandez.

Before CAMPBELL, Chief Judge, and COFFIN, BOWNES, BREYER, TORRUELLA and SELYA, Circuit Judges.


COFFIN, Senior Circuit Judge.

Panel decisions in these two cases were withdrawn and both cases were reheard en banc. The issues common to both are whether and under what standards the protections of Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976), and Branti v. Finkel, 445 U.S. 507, 100 S.Ct. 1287, 63 L.Ed.2d 574 (1980), should be available to government employees whose...

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