MEARS v. TOWN OF OXFORD, MD.

No. 84-1731.

762 F.2d 368 (1985)

John H. MEARS, Jr., doing business as Mears Yacht Haven, Appellant, v. The TOWN OF OXFORD, MARYLAND, Fletcher Hanks, Emory H. Balderson, James Farmer; William J. Holt, Jr., Arthur D. Welton, Edmund C. Stanley, Edward Abbott; Clarence Cox, Sr., Charles E. Partridge, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 22, 1985.

Rehearing Denied June 20, 1985.


Attorney(s) appearing for the Case

Warren K. Rich, Baltimore, Md. (Richard E. Rice, Stephen P. Kling, Niles, Barton & Wilmer, Baltimore, Md., on brief), for appellant.

David R. Thompson, Annapolis, Md. (Thomas T. Alspach, Franch, Earnest & Cowdrey, P.A., Annapolis, Md., on brief), for appellees.

Before HALL, SPROUSE and SNEEDEN, Circuit Judges.


SNEEDEN, Circuit Judge.

John Mears, Jr., a developer of commercial marinas, filed a five-count complaint in federal court alleging that the Town of Oxford, Maryland, and several named officials had deprived him of his civil rights in violation of 42 U.S.C. § 1983 and § 1985(3). The Town argued that Mears had litigated the same claims in two prior Maryland state court actions and that Mears' claims were barred under...

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