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EDWARDS v. CITY OF GOLDSBORO

No. 97-2609.

178 F.3d 231 (1999)

Kenneth R. EDWARDS, Plaintiff-Appellant, v. CITY OF GOLDSBORO; Chester Hill, individually and in his official capacity; Richard Slozak, individually and in his official capacity, Defendants-Appellees. Professional Fire Fighters & Paramedics of North Carolina; North Carolina State Lodge of the Fraternal Order of Police; North Carolina Troopers' Association; National Rifle Association, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided May 14, 1999.

Attorney(s) appearing for the Case

ARGUED: Joseph Michael McGuinness, Elizabethtown, North Carolina, for Appellant. Patricia Lee Holland, Cranfill, Sumner & Hartzog, L.L.P., Raleigh, North Carolina, for Appellees. ON BRIEF: Gregory K. Kornegay, Wilmington, North Carolina, for Appellant. Patrick H. Flanagan, Cranfill, Sumner & Hartzog, L.L.P., Raleigh, North Carolina; W. Harrell Everett, Jr., Everett, Womble & Finan, L.L.P., Goldsboro, North Carolina, for Appellees. M. Travis Payne, Edelstein & Payne, Raleigh, North Carolina, for Amici Curiae Professional Fire Fighters, et al. Robert Dowlut, Fairfax, Virginia, for Amicus Curiae NRA.

Before ERVIN and HAMILTON, Circuit Judges, and HILTON, Chief United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed in part, vacated in part, and remanded by published opinion. Judge HAMILTON wrote the opinion, in which Judge ERVIN and Chief Judge HILTON joined.

OPINION

HAMILTON, Circuit Judge:

Kenneth Edwards, a sergeant in the police department for the City of Goldsboro, North Carolina, brought this civil action against the City of Goldsboro (the City), its chief of police, Chester Hill (Chief Hill), and its city manager, Richard Slozak (City Manager...

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