WETZEL v. TUCKER

No. 97-7207.

139 F.3d 380 (1998)

Lewis W. WETZEL, Appellant, v. Rose TUCKER, Individually and in her capacity as a Luzerne Co. Commissioner; Frank P. Crossin, Individually and in his capacity as Luzerne Co. Commissioner; Peter S. Butera, Individually and in his capacity as a Director of the Northeastern PA Hospital and Education Authority; Jeannette Dombroski, Individually and in her capacity as a Director of the Northeastern Pennsylvania Hospital and Education Authority; Yvonne Bozinski, Individually and in her capacity as a Director of the Northeastern PA Hospital and Education Authority; Northeastern Pa Hospital And Education Authority, Appellees.

United States Court of Appeals, Third Circuit.

Decided March 23, 1998.


Attorney(s) appearing for the Case

Donald H. Brobst (Argued), Rosenn, Jenkins and Greenwald, L.L.P., Wilkes-Barre, PA, for Appellant.

Joseph J. Heston (Argued), Dougherty, Leventhal & Price, L.L.P., Kingston, PA, for Appellees.

Before: BECKER, ROTH, Circuit Judges, and DIAMOND, District Judge.


OPINION OF THE COURT

BECKER, Chief Circuit Judge.

Lewis Wetzel brought suit to challenge his discharge as Solicitor for the defendant Northeast Pennsylvania Hospital and Education Association. The district court granted summary judgment for defendants on the ground that Wetzel was a high level public employee, who was sufficiently involved in policy making to make political affiliation a legitimate consideration for his continued employment. Wetzel's appeal...

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