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ENGLISH v. POWELL

Nos. 77-2500, 77-2560 and 78-1059.

592 F.2d 727 (1979)

Donald R. ENGLISH, William R. Williams, and the A. B. C. Employees Association of New Hanover County, Appellants, v. W. Douglas POWELL, Individually and as Administrator to the New Hanover County Alcoholic Beverage Control Board, Charles S. Carter, Individually and as assistant to the Administrator, the New Hanover County Alcoholic Beverage Control Board, John E. Mowbray, Pender P. Durham, Eugene W. Edwards, Individually and as members of the New Hanover County Alcoholic Beverage Control Board, Appellees. E. A. SHANDS & Vera Shands, Appellants, v. W. Douglas POWELL, Individually and as Administrator to the New Hanover County Alcoholic Beverage Control Board, the New Hanover Alcoholic Beverage Control Board, and its Individual members: John E. Mowbray, Pender P. Durham and W. Eugene Edwards, Appellees. William L. CLARK, Robert Kraus, Ledley B. Symmes, C. C. Williams, Telford Davis, Bedford Jackson and William T. Small, Appellants, and James J. Wall, ABC Employees Association, Donald R. English, William R. Williams, E. A. Shands and wife, Vera Shands, Counterclaim Defendants, v. W. Douglas POWELL, Individually and as Administrator of the New Hanover County Alcoholic Beverage Control Board, Charles S. Carter, Individually and as assistant to the Administrator of New Hanover County Alcoholic Beverage Control Board, the New Hanover County Alcoholic Beverage Control Board, John E. Mowbray, William Rehder, W. Eugene Edwards, Individually and as members of the New Hanover County Alcoholic Beverage Control Board and Pender Durham, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 31, 1979.

Attorney(s) appearing for the Case

James J. Wall, Wilmington, N. C. (Frank Cherry, Cherry & Wall, Wilmington, N. C., on brief), for appellants.

J. W. Alexander, Jr., Charlotte, N. C. (Richard F. Kane, Charlotte, N. C., Cicero P. Yow, Wilmington, N. C., Blakeney, Alexander & Machen, Charlotte, N. C., Yow & Yow, Wilmington, N. C., on brief), for appellees.

Before WINTER, RUSSELL and HALL, Circuit Judges.

K. K. HALL, Circuit Judge:

In these consolidated appeals the plaintiff/appellants, (1) a personnel director and his wife, (2) two liquor store managers, and (3) seven liquor store employees allege that their constitutional rights were violated by the defendant/appellee, New Hanover County Alcoholic Beverage Control Board [hereinafter "Board."]1 Each plaintiff with the exception of Vera Shands, see § I infra, was an employee...

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