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FAIRFAX COUNTYWIDE CITIZENS v. FAIRFAX COUNTY

Nos. 77-1190, 77-1248.

571 F.2d 1299 (1978)

FAIRFAX COUNTYWIDE CITIZENS ASSOCIATION, Gum Springs Civic Association, Springdale Civic Association, Cooktown Citizens Association, William L. and Jeanne G. Paige, Ulysses O. and Ada M. Scott, Roy and Evelyn A. Brent, Earnest W. and Margaret E. Gibson, Appellees, v. COUNTY OF FAIRFAX, VIRGINIA, Joseph Alexander, Mrs. Martha V. Pennino, John Herrity, Alan H. Magazine, Mrs. Audrey Moore, James M. Scott, Marie B. Travesky, John P. Schacochis, Warren I. Cikins, Individually and members, County of Fairfax Board of Supervisors, Appellants. FAIRFAX COUNTYWIDE CITIZENS ASSOCIATION, Gum Springs Civic Association, Springdale Civic Association, William L. and Jeanne G. Paige, Ulysses O. and Ada M. Scott, Roy and Evelyn A. Brent, Appellants, v. COUNTY OF FAIRFAX, VIRGINIA, Joseph Alexander, Mrs. Martha V. Pennino, John Herrity, Alan H. Magazine, Mrs. Audrey Moore, James M. Scott, Marie B. Travesky, John P. Schacochis, Warren I. Cikins, Individually and members, County of Fairfax Board of Supervisors, and Douglas B. Fugate, Individually, and as Virginia State Highway Commissioner, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 6, 1978.

Attorney(s) appearing for the Case

Robert Lyndon Howell, Asst. County Atty., Alexandria, Va. (Frederic Lee Ruck, County Atty., Fairfax, Va., on brief), for appellants in 77-1190.

John J. Beall, Jr., Asst. Atty. Gen. (Anthony F. Troy, Atty. Gen. of Va., Walter A. McFarlane, Deputy Atty. Gen., Richmond, Va., on brief), for appellees in 77-1248.

Allison W. Brown, Jr., Washington, D. C. (Robert M. Alexander, Arlington, Va., Jack Greenberg and James M. Nabrit, III, New York City, on brief), for appellees and cross-appellants.

Before WINTER, RUSSELL and WIDENER, Circuit Judges.

WINTER, Circuit Judge:

The County of Fairfax, Virginia (County) appeals from an order of the district court directing County to perform its remaining obligations under a 1972 settlement agreement between it and Fairfax Countywide Citizens Association (Association). Because we conclude that the district court lacked jurisdiction to issue the order, we reverse.1

I.

In August 1971, several citizens associations located in...

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