FRALIN & WALDRON, INC. v. CITY OF MARTINSVILLE, VIRGINIA

No. 73-1766.

493 F.2d 481 (1974)

FRALIN AND WALDRON, INC., Appellant, v. CITY OF MARTINSVILLE, VIRGINIA et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 25, 1974.


Attorney(s) appearing for the Case

Jackson L. Kiser, Martinsville, Va., for appellant.

Joseph M. Winston Jr., Danville, Va., and Robert P. Vines and David B. Worthy, Martinsville, Va., of counsel, for appellees.

Before CLARK, Associate Justice, and CRAVEN and WIDENER, Circuit Judges.


Mr. Justice CLARK:

In this interlocutory appeal Fralin and Waldron, Inc. complains of the decision of the District Court to abstain from deciding appellant's action for declaratory judgment, injunctive relief and damages against the City of Martinsville, Virginia, and its agencies and officials for their refusal either to grant appellant a special use permit or to approve its subdivision plan permitting appellant to build a 120 unit apartment complex, a project qualifying...

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