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BROWN v. HIRST

No. 71-1291.

443 F.2d 899 (1971)

Floyd P. BROWN, Jr., Appellant, v. Julian F. HIRST, individually and as City Manager, City of Roanoke, Virginia, Appellee.

United States Court of Appeals, Fourth Circuit.

June 8, 1971.

Attorney(s) appearing for the Case

Kurt Berggren, John M. Levy, Roanoke, Va., Gerald G. Poindexter, Richmond, Va., on brief for appellant.

James M. Kincanon, City Atty., H. Ben. Jones, Jr., Edward A. Natt, Robert P. Geary, Asst. City Attys., for appellee.

Before BOREMAN, BRYAN and WINTER, Circuit Judges.

PER CURIAM:

Appellee moved to dismiss this appeal for lack of jurisdiction and for failure to state a claim upon which relief can be granted. Appellant filed a response to the motion to dismiss, declined to discuss the merits of the appeal and instead indicated that he preferred to discuss these questions in his brief, which was scheduled to be filed on May 10, 1971. We determined to suspend consideration of the matters presented pending the filing of appellant's...

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