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McVEY v. STACY

No. 97-1691.

157 F.3d 271 (1998)

Dixie L. McVEY, Plaintiff-Appellee, v. Kenneth L. STACY, Chairman of the Virginia Highlands Airport Commission, Individually, and in his official capacity of Chairman; Richard H. Kiser, Member of Virginia Highlands Airport Commission, Individually, and in his official capacity as member; James D. Vicars, Member of Virginia Highlands Airport Commission, Individually, and in his official capacity as member; Thomas Phillips, Member of Virginia Highlands Airport Commission, Individually, and in his official capacity as member; David C. Johnson, Member of Virginia Highlands Airport Commission, Individually, and in his official capacity as member; David Haviland, Member of Virginia Highlands Airport Commission, Individually, and in his official capacity as member; F. Ellison Conrad, Member of Virginia Highlands Airport Commission, Individually, and in his official capacity as member; Beatrice Hutzler, Member of Virginia Highlands Airport Commission, Individually, and in her official capacity as member, Defendants-Appellants, and Virginia Highlands Airport Commission, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided September 10, 1998.

Attorney(s) appearing for the Case

ARGUED: Steven Ray Minor, Elliott, Lawson & Pomrenke, Bristol, VA, for Appellants. Joseph Franklin Dene, Dene & Dene, P.C., Abingdon, VA, for Appellee.

Before MURNAGHAN, NIEMEYER, and MICHAEL, Circuit Judges.

Affirmed and remanded by published opinion. Judge NIEMEYER wrote the opinion for the court, in which Judge MURNAGHAN and Judge MICHAEL joined as qualified by Judge MURNAGHAN'S concurring opinion. Judge MURNAGHAN wrote an opinion concurring in part and concurring in the judgment, in which Judge MICHAEL joined. Judge MICHAEL wrote a separate opinion concurring in part and concurring in the judgment.

OPINION

NIEMEYER, Circuit Judge.

Dixie L. McVey was...

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