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DUNCAN v. TOWN OF BLACKSBURG, VIRGINIA

Civ. A. No. 72-C-145-R.

364 F.Supp. 643 (1973)

Charlie W. DUNCAN et al., Plaintiffs, v. TOWN OF BLACKSBURG, VIRGINIA, et al., Defendants.

United States District Court, W. D. Virginia, Roanoke Division.

September 28, 1973.

Attorney(s) appearing for the Case

Frederick T. Gray, Williams, Mullen & Christian, Chesterfield, Va., for plaintiffs.

W. H. Jolly, Kime, Jolly, Clemens & Canterbury, Salem, Va., for Town of Blacksburg.

Andrew P. Miller, Atty. Gen., Stuart H. Dunn, Vann H. Lefcoe, Asst. Attys. Gen., Commonwealth of Virginia, Richmond, Va., for intervening defendants.

Before WIDENER, Circuit Judge, DALTON, Chief District Judge, and TURK, District Judge.

OPINION

WIDENER, Circuit Judge:

In this action, citizens of the Town of Blacksburg and Montgomery County, Virginia challenge the constitutionality of certain annexation statutes in Virginia, which are Chapter 25 of Title 15.1 of the Va.Code, §§ 15.1-1032 to 1058. They contend that the statutes are unconstitutional as applied in the Town of Blacksburg's annexation of a portion of Montgomery County. Specifically, they assert that since December 31...

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