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FAUGHENDER v. CITY OF NORTH OLMSTED, OHIO

No. 90-3107.

927 F.2d 909 (1991)

Barbara FAUGHENDER, Plaintiff-Appellant, v. CITY OF NORTH OLMSTED, OHIO; and M. Yvonne Petragic, Mayor of the City of North Olmsted, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 13, 1991.

Attorney(s) appearing for the Case

Robert J. Fogarty, Steven A. Goldfarb (argued), Hahn, Loeser & Parks, Cleveland, Ohio, for Barbara Faughender.

Jeffrey W. Van Wagner, Ulmer & Berne, Cleveland, Ohio, James M. Dubelko, Michael R. Gareau (argued), North Olmsted, Ohio, for City of North Olmsted.

Thomas A. Dugan, Ulmer & Berne, Cleveland, Ohio, for M. Yvonne Petragic.

John E. Gotherman, Calfee, Halter & Griswold, Cleveland, Ohio, Stanley J. Dobrowski, Calfee, Halter & Griswold, Columbus, Ohio, for The Ohio Mun. League, amicus curiae.

Before GUY and BOGGS, Circuit Judges, and BERTELSMAN, District Judge.

BOGGS, Circuit Judge.

This case requires us to revisit the question of when the first amendment's guarantee of freedom of speech prevents a city from firing or refusing to hire a non-civil service employee for political reasons. Barbara Faughender appeals from a grant of summary judgment for the defendants on her state and federal claims arising out of the refusal of the new mayor of North Olmsted, Ohio, Yvonne Petragic, to reappoint her as secretary to the Mayor...

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