GIKAS v. WASHINGTON SCHOOL DIST.

No. 02-1934.

328 F.3d 731 (2003)

James GIKAS, Appellant v. WASHINGTON SCHOOL DISTRICT, Washington Board of School Directors, Dr. Maryann B. Weinstein, Donald G. Emery, Dr. James S. Balent, Alan B. Cottrill, Jane S. Fergus, David R. Johnston, Jonathan W. Miles, Phyllis L. Waller, and Ed Westcott, individually.

United States Court of Appeals, Third Circuit.

Filed May 16, 2003.


Attorney(s) appearing for the Case

Daniel W. Ernsberger (Argued), Behrend & Ernsberger, Pittsburgh, PA, for Appellant.

Douglas R. Nolin (Argued), Peacock Keller Ecker & Crothers, LLP, Washington, DC, for Appellees.

Before BECKER, Chief Judge, SCIRICA, Circuit Judge, and SHADUR, District Judge.


OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal concerns the property rights created by the Pennsylvania Veterans' Preference Act ("VPA"), 51 Pa.C.S.A. § 7104. Section 7104(a) of the VPA provides that a veteran possessing the "requisite qualifications" shall be given a preference in the assignment of public jobs. After working as a substitute teacher in the Washington School District, plaintiff James Gikas, who had received an honorable discharge...

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