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RUEFLY v. LANDON

No. 86-7396.

825 F.2d 792 (1987)

Leon RUEFLY, Plaintiff-Appellant, v. Robert M. LANDON; L.R. Ross; Charles B. Young; Carl F. Pennington, Jr.; L.K. Burnett; Champ Stone; Billy W. McFarland; Commonwealth of Virginia, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 13, 1987.

Attorney(s) appearing for the Case

Jack Vernon Altizer, Roanoke, Va., for plaintiff-appellant.

Alan Katz, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Richmond, Va., on brief), for defendants-appellees.

Before ERVIN and WILKINSON, Circuit Judges, and VAN GRAAFEILAND, Senior United States Circuit Judge for the Second Circuit, sitting by designation.

ERVIN, Circuit Judge:

Plaintiff Leon Ruefly appeals from the district court's dismissal of his amended complaint pursuant to Fed.R.Civ.P. 12(b)(6) in this case involving claims arising under the eighth amendment to the United States Constitution. Although we do not agree with the district court's reasoning, we are persuaded that the amended complaint failed to state any claim upon which relief could be granted. Accordingly, we affirm the judgment of the district court...

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