MESSER v. CURCI

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Docket Number

No. 85-5626.

Advocates

Deborah G. Roher, Stephen Krumm, Northeast Kentucky Legal Services, Ashland, Ky., for plaintiffs-appellants. J. Patrick Abell, Dept. of Parks, Paul C. Gaines, III, Daniel F. Egbers, Com. of Ky., Dept. of Personnel, J. Michael Noyes, Frankfort, Ky., for defendants-appellees.

Judges

Gilbert Stroud Merritt
Damon Jerome Keith
Cornelia Groefsema Kennedy
Boyce Ficklen Martin
Nathaniel Raphael Jones
Robert B. Krupansky
Harry Walker Wellford
Herbert Theodore Milburn
Ralph B. Guy
David Aldrich Nelson
James Leo Ryan
Danny Julian Boggs
Alan Eugene Norris
Pierce Lively
Albert Joseph Engel

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BRUCE MESSER AND TIMOTHY P'SIMER, PLAINTIFFS-APPELLANTS, v. FRAN CURCI, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF THE DEPARTMENT OF PARKS OF THE COMMONWEALTH OF KENTUCKY; KELLY NEWTON, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF CARTER CAVES STATE RESORT PARK; W. GAYLE FOUST, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS DIRECTOR PERSONNEL, DEPARTMENT OF PARKS OF THE COMMONWEALTH OF KENTUCKY; AND THOMAS LYKINS, DEFENDANTS-APPELLEES.

ORDER

Upon remand from the United States Supreme Court, ___ U.S. ___, 110 S.Ct. 3233, 111 L.Ed.2d 745, which vacated the judgment of this court and having considered the appellants' motion for reversal of the district court without briefing or argument in light of the Supreme Court's action.

It is ORDERED that the judgment of the district court, 610 F. Supp. 179, is reversed and this case is remanded for further proceedings consistent with Rutan v. Republican Party of Illinois, 496 U.S. ___, 110 S.Ct. 2729, 111 L.Ed.2d 52 (1990).

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