PENDLETON CONST. CORP. v. ROCKBRIDGE COUNTY, VA.

No. 87-2009.

837 F.2d 178 (1988)

PENDLETON CONSTRUCTION CORPORATION, a Corporation of the Commonwealth of Virginia, Plaintiff-Appellant, v. ROCKBRIDGE COUNTY, VIRGINIA, a County of the Commonwealth of Virginia; the Board of Supervisors of Rockbridge County, Virginia, the governing body of Rockbridge County; Charles W. Barger & Son Construction Company, Inc., a Corporation of the Commonwealth of Virginia; Matthew R. Beebe; Charles W. Barger, III; William Edwards; Kenneth Moore; Maynard Reynolds; Manalou Sauder and Charles Trimble, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 27, 1988.


Attorney(s) appearing for the Case

Robert David Luskin (Joel I. Klein, Paul J. Van de Graaf, Onek, Klein & Farr, Washington, D.C., on brief) for plaintiff-appellant.

Franklin David Munyan, Richmond, Va. (H. David Natkin, Natkin, Heslep & Natkin, Lexington, Va., on brief), James Greer Welsh (Timberlake, Smith, Thomas & Moses, Staunton, Va., on brief) for defendants-appellees.

Before RUSSELL, WIDENER and HALL, Circuit Judges.


PER CURIAM:

This case involves an antitrust suit brought by Pendleton Construction Corporation (Pendleton) against two groups of defendants. The controversy concerns Pendleton's unsuccessful applications to obtain, under Virginia zoning law, certain conditional use permits which would allow it to engage in blasting to obtain rock for a construction project. Pendleton alleges that the group of private defendants, Charles W. Barger, III, Matthew R. Beebe, and Charles...

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