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FRONT ROYAL & WARREN CTY. IND. P. CORP. v. TOWN OF FRONT ROYAL

No. 88-2066.

865 F.2d 77 (1989)

FRONT ROYAL AND WARREN COUNTY INDUSTRIAL PARK CORPORATION, a Virginia Corporation; Fred W. McLaughlin; Gladys L. McLaughlin, Plaintiffs-Appellees, v. TOWN OF FRONT ROYAL, VIRGINIA; John Marlow, and as Mayor; Michael Kitts, individually and as member of Town Council; Edwin L. Pomeroy, individually and as member of Town Council; Albert G. Ruff, Jr., individually and as former member; George E. Banks, individually and as former member, Brackenridge H. Bentley, individually and as Town Manager, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided January 9, 1989.

Rehearing Denied January 31, 1989.

Attorney(s) appearing for the Case

Mark D. Obenshain (Glenn M. Hodge, Wharton, Aldhizer & Weaver, Harrisonburg, Va., on brief) for defendants-appellants.

Robert C. Fitzgerald (Myron C. Smith, Fitzgerald & Smith, P.C., Fairfax, Va., on brief) for plaintiffs-appellees.

Before WINTER, SPROUSE and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

Plaintiffs in this consolidated § 1983 action are two Front Royal, Virginia, landowners and the Front Royal and Warren County Industrial Park Corporation. Plaintiffs seek damages from defendants, the Town of Front Royal ("Front Royal") and various Front Royal officials, for alleged violations of plaintiffs' fifth and fourteenth amendment rights. The district court granted plaintiffs' motion to strike defendants' absolute immunity defense...

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