WHALEN v. ROANOKE COUNTY BD. OF SUP'RS

No. 83-2095.

781 F.2d 1021 (1985)

Richard A. WHALEN, Appellant, v. The ROANOKE COUNTY BOARD OF SUPERVISORS; William F. Clark, Individually; Raymond Eugene Robertson, Individually; Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 8, 1985.


HARRISON L. WINTER, Chief Judge, concurring and dissenting:

I concur in Parts I and II of Judge Butzner's opinion. I dissent, however, from Part III. Clark has neither preserved for appellate review nor pressed any claim that he is entitled to a new trial. Since his is not an exceptional case, I think therefore that we should reverse the judgment of the district court without remanding the case for reconsideration of the motion for new trial.

I.

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