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IN RE ALLEN

Nos. 96-1464, 96-1601 and 96-1652.

106 F.3d 582 (1997)

In re Barbara H. ALLEN, Appellant. BETTER GOVERNMENT BUREAU, INCORPORATED, an Ohio Corporation, Plaintiff-Appellee, v. Darrell V. McGRAW, Jr., Attorney General, State of West Virginia, Personally and in his Official Capacity; Better Government Bureau Office of the Attorney General State of West Virginia, A Body Politic, A Corporate Instrumentality of Government with Limited Agency and Quasi-Sovereign Capacity; Ken Hechler, Secretary of State, in his Official Capacity, Defendants, v. Donna WILLIS, Party in Interest. BETTER GOVERNMENT BUREAU, INCORPORATED, an Ohio Corporation, Plaintiff-Appellee, v. Darrell V. McGRAW, Jr., Attorney General, State of West Virginia, Personally and in his Official Capacity, Defendant-Appellant. BETTER GOVERNMENT BUREAU OFFICE OF THE ATTORNEY GENERAL STATE OF WEST VIRGINIA, A Body Politic, A Corporate Instrumentality of Government with Limited Agency and Quasi-Sovereign Capacity; Ken Hechler, Secretary of State, in his Official Capacity, Defendants, v. Barbara H. ALLEN; Donna Willis, Parties in Interest. BETTER GOVERNMENT BUREAU, INCORPORATED, an Ohio Corporation, Plaintiff-Appellee, v. Darrell V. McGRAW, Jr., Attorney General, State of West Virginia, Personally and in his Official Capacity, Defendant-Appellant. BETTER GOVERNMENT BUREAU OFFICE OF THE ATTORNEY GENERAL STATE OF WEST VIRGINIA, A Body Politic, A Corporate Instrumentality of Government with Limited Agency and Quasi-Sovereign Capacity; Ken Hechler, Secretary of State, in his Official Capacity, Defendants, v. Barbara H. ALLEN; Donna Willis, Parties in Interest.

United States Court of Appeals, Fourth Circuit.

Decided February 6, 1997.

Attorney(s) appearing for the Case

ARGUED: David Paul Cleek, McQueen, Harmon, Potter & Cleek, Charleston, WV; James Anthony McKowen, Allen & Allen, L.C., Charleston, WV, for Appellants. Roger Patrick Furey, Arter & Hadden, Washington, D.C., for Appellees. ON BRIEF: Marilyn T. McClure, Cleek, Pullin, Knopf & Fowler, Charleston, West Virginia, for Appellants. Michael B. Adlin, Arter & Hadden, Washington, D.C.; E. Joseph Buffa, Charleston, WV, for Appellees.

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

No. 96-1652 affirmed and No. 96-1464 and No. 96-1601 reversed and remanded by published opinion. Judge MOTZ wrote the majority opinion, in which Judge MICHAEL concurred. Judge NIEMEYER wrote an opinion concurring in part and dissenting in part.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Against a background of drama and intrigue, the Attorney General of West Virginia claims qualified immunity and his outside

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