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MARTINEZ-SANES v. TURNBULL

No. 99-3644, 99-4084.

318 F.3d 483 (2003)

Cruz MARTINEZ-SANES; Vernita Charles; Vivian Furet; Maude Akins; Faustina Richardson; Rosalia Sackey; Lenore Safe; Eileen Jackson; Patrick Sprauve v. Gov. Charles W. TURNBULL, Ph.D.; Government of the United States Virgin Islands (D.C. Civil No. 99-cv-00031) Miriam DeJesus; Cecile Phillip-Thomas; Herbert L. Schoenbohm; Margaret Sumter v. Gov. Charles W. Turnbull, Ph.D.; Government of the United States Virgin Islands (D.C. Civil No. 99-cv-00045) Laura Hassell; Marilyn Stapleton; Riise Richards; Alicia Torres-Gustave; Audrey Callwood; Edgar Phillips; Dwayne Benjamin; Daryl Lewis; Bianca O. Maynard; Ana Bertrand; Jeremiah Lee; Joseph Farrington; Francisco Jarvis; Franklin Lawrence; Everard Potter; Maxwell George v. Gov. Charles W. Turnbull, Ph.D.; Government of the United States Virgin Islands (D.C. Civil No. 99-cv-00053) Vivian Ebbesen-Fludd v. Charles Turnbull, Ph.D. Individually and in his Capacity as Governor of the Virgin Islands; Government of the United States Virgin Islands and Does 1 Through 10 (D.C. Civil No. 99-cv-00056) Government of the Virgin Islands and Charles W. Turnbull, individually, Appellants Laura Hassell; Marilyn Stapleton; Riise Richards; Alicia Torres-Gustave; Audrey Callwood; Edgar Phillips; Dwayne Benjamin; Daryl Lewis; Bianca O. Maynard; Ana Bertrand; Jeremiah Lee; Joseph Farrington; Francisco Jarvis; Franklin Lawrence; Eileen Jackson; Patrick Sprauve; Maxwell George v. Gov. Charles W. Turnbull, Ph.D.; Government of the United States Virgin Islands; Does 1 Through 10, individually and in their capacities as employees of the Government of the Virgin Islands Governor Charles W. Turnbull, Ph.D., individually and in his official capacity and Government of the United States Virgin Islands, Appellants.

United States Court of Appeals, Third Circuit.

January 28, 2003.

Attorney(s) appearing for the Case

Ronald W. Belfon (Argued), Belfon & Evert, Charlotte Amalie, St. Thomas, VI, for Appellant, Charles W. Turnbull.

Joel H. Feld (Argued), Kerry E. Drue, Office of the Attorney General of the Virgin Islands, Department of Justice, Charlotte Amalie, St. Thomas, VI, for Appellant, Government of the Virgin Islands.

Bruce P. Bennett (Argued), Hunter, Colianni, Cole & Bennett, Christiansted, St. Croix, VI, for Vivian Ebbesen-Fludd, Appellee at No. 99-3644.

James M. Derr (Argued), St. Thomas, VI, for Audrey Callwood, Jeremiah Lee, Patrick Sprauve and Maxwell George, Appellees at No. 99-4084.

Before MANSMANN and ALITO, Circuit Judges and FULLAM, District Judge.

OPINION OF THE COURT

FULLAM, District Judge.

In the 1998 gubernatorial election in the United States Virgin Islands, the then incumbent Governor Roy Lester Schneider was defeated by his Democratic challenger, Charles W. Turnbull. Shortly after the change of administrations, a substantial number of employees of the Virgin Islands Government lost their jobs.

In three separate lawsuits, 27 of these former employees challenged their dismissals, alleging...

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