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BOYD v. ROLAND

No. 85-4448.

789 F.2d 347 (1986)

John BOYD, et al., Plaintiffs-Appellants, v. James S. ROLAND, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Opinion on Denial of Rehearing June 27, 1986.

Attorney(s) appearing for the Case

Guy T. Gillespie, III, Holcomb, Dunbar, Connell, Chaffin & Willard, Oxford, Miss., for plaintiffs-appellants.

Robert P. Crutcher, Asst. U.S. Atty., Oxford, Miss., Charles M. Powers, Jackson, Miss., Glen H. Davidson, U.S. Atty., William M. Dye, Jr., Asst. U.S. Atty., Oxford, Miss., Scoot, Hetrick & McBee, Jackson, Miss., Zabron A. Davis, III, Oxford, Miss., for defendants-appellees.

Before GEE, RUBIN and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Appellants appeal the district court's denial of their request for a preliminary injunction and dismissal of their action. We issued an order on November 12, 1985, affirming the denial of the preliminary injunction but vacated the dismissal and remanded the case for further proceedings. We now give reasons for our ruling.

This case centers around the demolition of the former North Mississippi Retirement Home which is located...

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