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PIKE v. OSBORNE

No. 01-2050.

301 F.3d 182 (2002)

Martha L. PIKE; Cynthia J. Kincer, Plaintiffs-Appellees, v. Kermit L. OSBORNE, individually and in his capacity as Sheriff of Wythe County, Virginia, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 29, 2002.

Attorney(s) appearing for the Case

ARGUED: Jim Harold Guynn, Jr., Guynn Law Offices, Roanoke, Virginia, for Appellant.

Donald Wise Huffman, Huffman & Nixon, P.C., Roanoke, Virginia, for Appellees. ON BRIEF: Robert Hines, Montgomery & Hines, Jonesville, Virginia, for Appellees.

Before NIEMEYER, Circuit Judge, HAMILTON, Senior Circuit Judge, and BROADWATER, United States District Judge for the Northern District of West Virginia, sitting by designation.

Reversed and remanded by published opinions. Judge NIEMEYER, Senior Judge HAMILTON, and Judge BROADWATER wrote opinions.

OPINION

NIEMEYER, Circuit Judge.

Cynthia J. Kincer and Martha L. Pike, former employees of the Wythe County (Virginia) Sheriff's Office, commenced this action under 42 U.S.C. § 1983 against Wythe County Sheriff Kermit L. Osborne, alleging that he failed to reappoint them because they...

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