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MELO v. HAFER

Nos. 89-1924, 89-1925.

912 F.2d 628 (1990)

James C. MELO, Jr., Louise Jurik, Donald Ruggerio, Karol Danowitz, James Dicosimo, Lucille Russell, Walter W. Speelman, John Weikel, Appellants, v. Barbara HAFER and James J. WEST. Carl GURLEY, W. Gerard Best, Michael Brennan, Margaret Casper, Elizabeth Buchmiller, Daniel Clemson, Mary Fager, George A. Franklin, Jr., Appellants, v. Barbara HAFER.

United States Court of Appeals, Third Circuit.

Decided August 21, 1990.

Rehearing and Rehearing Denied September 21, 1990.

Attorney(s) appearing for the Case

William Goldstein (Argued), Groen, Laveson, Goldberg, Rubenstone & Flager, Bensalem, Pa., for appellants.

Jerome R. Richter (Argued), Goncer M. Krestal, Blank, Rome, Comisky & McCauley, Philadelphia, Pa., for appellee, Barbara Hafer.

Michael M. Baylson, U.S. Atty., Stuart M. Gerson, David F. McComb, Asst. U.S. Attys., Philadelphia, Pa., Barbara L. Herwig, Peter R. Maier (Argued), Appellate Staff, Civ.Div., Dept. of Justice, Washington, D.C., for appellee, James J. West.

Before SLOVITER, BECKER and STAPLETON, Circuit Judges.

Rehearing and Rehearing In Banc Denied September 21, 1990.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Introduction

This is an appeal from the district court's dismissal of two civil rights actions. In the action with Carl Gurley as the lead plaintiff, eight terminated employees assert a claim under 42 U.S.C. § 1983 alleging that their discharge by Barbara Hafer, the Auditor General of Pennsylvania, was political...

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