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ELDER v. RAMPTON

No. C 121-72.

360 F.Supp. 559 (1972)

Joseph ELDER, for himself jointly and severally and for all others similarly situated, Plaintiff, v. Calvin L. RAMPTON, Governor of the State of Utah, et al., Defendants.

United States District Court, D. Utah, C. D.

December 19, 1972.

Attorney(s) appearing for the Case

Wendell E. Bennett, Strong & Hanni, Salt Lake City, Utah, for plaintiff.

H. Wright Volker, Asst. Atty. Gen., Salt Lake City, Utah, Vernon B. Romney, Atty. Gen., and Robert B. Hanson, Deputy Atty. Gen., on the brief, for defendants.

Before LEWIS, Chief Judge, BARRETT, Circuit Judge, and ANDERSON, District Judge.

OPINION AND ORDER

PER CURIAM.

Joseph Elder was an appointed employee of the State of Utah serving as deputy state auditor. On May 10, 1972, he filed his candidacy for the partisan elective position of state auditor. Thereupon, defendant Preece offered Elder a leave of absence, which was declined, and then dismissed him in apparent compliance with Utah's so-called Little Hatch Act and the regulations promulgated thereunder which purport to limit the political...

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