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CITIZENS COMMITTEE, ETC. v. CITY OF LYNCHBURG, VA.

Nos. 75-2232, 75-2233 and 75-8386.

528 F.2d 816 (1975)

CITIZENS COMMITTEE TO OPPOSE ANNEXATION, Appellant, v. CITY OF LYNCHBURG, VIRGINIA, et al., Appellees. COUNTY OF CAMPBELL, VIRGINIA, Appellant, v. CITY OF LYNCHBURG, VIRGINIA, et al., Appellees. CITIZENS COMMITTEE TO OPPOSE ANNEXATION, Petitioner, v. CITY OF LYNCHBURG, VIRGINIA, et al., Respondents.

United States Court of Appeals, Fourth Circuit.

Decided December 4, 1975.

Application for Injunction Denied January 12, 1976.

Attorney(s) appearing for the Case

J. Leyburn Mosby, Jr., Lynchburg, Va., and E. A. Prichard, Fairfax, Va. (Hugh J. M. Jones, III, Lynchburg, Va., K. Stewart Evans, Jr., Boothe, Prichard & Dudley, Fairfax, Va., on brief) for Citizens Committee to Oppose Annexation.

Myron C. Smith, Fairfax, Va. (Robert C. Fitzgerald, Fairfax, Va., and Richard W. Elliott, Rustburg, Va., on brief), for County of Campbell.

William R. Cogar, Richmond, Va. (John S. Davenport, III, D. Eugene Webb, Jr., Mays, Valentine, Davenport & Moore, Richmond, Va., and William M. Phillips, City Atty., on brief), for City of Lynchburg.

W. H. Jolly, Salem, Va. (Kime, Jolly, Clemens & Canterbury, Salem, Va., on brief), for Lynchburg Voters League.

Before WINTER, CRAVEN and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

The Citizens Committee to Oppose Annexation and Campbell County, Virginia, appeal from the district court's order dismissing their action to enjoin implementation of a state court decree providing for the city of Lynchburg's annexation of portions of Bedford and Campbell Counties. We expedited this appeal because under state law the annexation is scheduled to become effective at midnight December 31, 1975. The principal objections of the committee...

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