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SHEEK v. CITY OF NEWPORT NEWS

199 S.E.2d 519 (1973)

Paul L. SHEEK et al. v. CITY OF NEWPORT NEWS, a municipal corporation in the Commonwealth of Virginia, and W. E. Lawson, Jr., City Manager.

Supreme Court of Virginia.

October 8, 1973.

Attorney(s) appearing for the Case

Herbert V. Kelly, Newport News (H. Duncan Garnett, Jr., Jones, Blechman, Woltz & Kelly, Newport News, on brief), for appellants.

Panos A. Yeapanis, City Atty., for the City of Newport News (Frank M. Morton, III, Asst. City Atty., for the City of Newport News, on brief), for appellees.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

COCHRAN, Justice.

Petitioners Paul L. Sheek, J. C. Stortz, Sam Baugerss, J. O. Carrington and Robert Mallison appeal from a final decree entered June 7, 1972, by the trial court dismissing their petition to enjoin the City of Newport News and its City Manager from terminating garbage and refuse collection service rendered to them. A preliminary injunction entered January 26, 1972 requires the City to continue this service during the pendency of this appeal.

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