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PACHALY v. CITY OF LYNCHBURG

No. 88-3193.

897 F.2d 723 (1990)

Robert PACHALY, Jr., Plaintiff-Appellant, v. CITY OF LYNCHBURG; R.D. Viar; William G. Petty, Defendants-Appellees, and Commonwealth of Virginia, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided March 2, 1990.

Attorney(s) appearing for the Case

Clifford Lee Harrison (Stone & Hamrick, P.C., Radford, Va., on brief), for plaintiff-appellant.

William Fain Rutherford, Jr. (John L. Walker, Jr., Elizabeth K. Dillon, Woods, Rogers & Hazlegrove, Roanoke, Va., on brief), Walter Clyde Erwin, III (William M. Phillips, Lynchburg, Va., City Attorney's Office, A. David Hawkins, Overbey, Overbey & Hawkins, Rustburg, Va., on brief), for defendants-appellees.

Before RUSSELL and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

DONALD RUSSELL, Circuit Judge:

The appellant, Robert Pachaly, Jr., filed this action pursuant to the provisions of 42 U.S.C. § 1983 against the City of Lynchburg, Virginia, Commonwealth's Attorney for the City of Lynchburg William G. Petty, R.D. Viar, a Lynchburg police officer, and the Commonwealth of Virginia.1 The complaint alleged that the named defendants converted property and violated appellant's civil rights during a search...

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