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McCREREY v. ALLEN

No. 96-1880.

118 F.3d 242 (1997)

Peggy S. McCREREY, Plaintiff-Appellant, v. Ray ALLEN, Jr.; Jack Kotvas, in his individual capacity, Defendants-Appellees, and Commonwealth of Virginia, Department of Professional and Occupational Regulation, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided July 8, 1997.

Attorney(s) appearing for the Case

ARGUED: Rodney Alan Smolla, Marshall-Wythe School of Law, College of William & Mary, Williamsburg, VA, for Appellant. Guy Winston Horsley, Jr., Senior Assistant Attorney General, Office of the Attorney General, Richmond, VA, for Appellees. ON BRIEF: Gerald T. Zerkin, Melanie A. Hopper, Barbara J. Hughes, Gerald T. Zerkin & Associates, Richmond, VA, for Appellant. James S. Gilmore, III, Attorney General of Virginia, Catherine C. Hammond, Deputy Attorney General, Neil A.G. McPhie, Senior Assistant Attorney General, Office of the Attorney General, Richmond, VA, for Appellees.

Before RUSSELL, HALL, and NIEMEYER, Circuit Judges.

Affirmed by published opinion. Judge HALL wrote the opinion, in which Judge RUSSELL and Judge NIEMEYER joined.

OPINION

K. K. HALL, Circuit Judge:

In this civil rights action against her former supervisor and the person hired to fill her position at a state agency, Peggy S. McCrerey claimed that the decisions to fire and replace her were politically motivated and that her First Amendment rights were thereby violated. The district court granted summary...

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