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TOWN OF UPTON v. WHISLER

No. 90-278.

824 P.2d 545 (1992)

TOWN OF UPTON, Wyoming; Robert Oliver, in his official capacity as Mayor of the Town of Upton; Tom Barritt, Lucy McKenzie, Jennifer Silbaugh and Joseph Haynes, in their official capacities as members of the Town Council of the Town of Upton, Wyoming, Appellants (Defendants), v. Leonard WHISLER, Appellee (Plaintiff).

Supreme Court of Wyoming.

January 10, 1992.

Attorney(s) appearing for the Case

Donald B. Hansen, Hansen & Peck, Newcastle, for appellants.

Kennard F. Nelson, Kirkwood & Nelson, Laramie, for appellee.

Before URBIGKIT, C.J., THOMAS, CARDINE and GOLDEN, JJ., and HANSCUM, District Judge.

THOMAS, Justice.

There are two primary issues to be resolved in this case involving the discharge of Leonard Whisler (Whisler) from the appointive office of municipal judge by the Town of Upton (Upton). The first question is whether Whisler had the requisite property interest in the office of municipal judge so that he enjoyed a constitutional right to be afforded due process of law prior to discharge from that office. Specifically, the due process right would relate...

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