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COASTLAND CORP. v. COUNTY OF CURRITUCK

Nos. 83-1658, 83-1723.

734 F.2d 175 (1984)

COASTLAND CORPORATION and Ocean Sands, Inc., North Carolina Corporations Organized and Existing under Laws of the State of North Carolina, Appellees, v. COUNTY OF CURRITUCK, Appellant. COASTLAND CORPORATION and Ocean Sands, Inc., North Carolina Corporations Organized and Existing Under the Laws of the State of North Carolina, Appellants, v. COUNTY OF CURRITUCK, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 11, 1984.

Rehearing and Rehearing Denied August 29, 1984.

Attorney(s) appearing for the Case

Dewey W. Wells, Elizabeth City, N.C. (Leroy, Wells, Shaw, Hornthal & Riley, Elizabeth City, N.C., on brief) and Norman W. Shearin, Jr., Kitty Hawk, N.C. (Shearin & Archbell, Kitty Hawk, N.C., on brief), for appellants.

Howard E. Manning, Jr., Raleigh, N.C. (Manning, Fulton & Skinner, Raleigh, N.C., on brief) and Gerald F. White, Elizabeth City, N.C. (Williams Brumsey, III, White, Hall, Mullen, Brumsey & Small, Elizabeth City, N.C., on brief), for appellee.

Before HALL and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied August 29, 1984.

ERVIN, Circuit Judge:

Coastland Corporation filed suit in district court seeking damages from Currituck County under 42 U.S.C. § 1983 and under the fifth and fourteenth amendments. Coastland's amended complaint alleges due process violations actionable under § 1983 that arose from the County's failure to enforce the liquidated damages clause of a water and sewer contract. The complaint also...

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