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DUNBAR CORP. v. LINDSEY

No. 89-2714.

905 F.2d 754 (1990)

DUNBAR CORPORATION; Robert L. Maxey, Plaintiffs-Appellants, v. James LINDSEY, Frederick A. Perrenot; A.B. Whittington; James M. Ellis; Lt. Gen. John W. Foss; United States of America, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 8, 1990.

As Amended June 19, 1990.

Attorney(s) appearing for the Case

Mark A. Sternlicht, H. Gerald Beaver, Beaver, Thompson, Holt & Richardson, P.A., Fayetteville, for plaintiffs-appellants.

Paul Martin Newby, Asst. U.S. Atty., Raleigh, for defendants-appellees; Margaret Person Currin, U.S. Atty., Raleigh, on brief.

Before SPROUSE, CHAPMAN, and WILKINS, Circuit Judges.

CHAPMAN, Circuit Judge:

Plaintiffs-appellants Dunbar Corporation (Dunbar) and Robert L. Maxey, president and owner of Dunbar, brought this action against defendants-appellees, James Lindsey, Frederick A. Perrenot, James M. Ellis, and A.B. Whittington (in their individual capacities), John W. Foss (in his official capacity), and the United States. Dunbar alleges an unconstitutional seizure of possession of its land without due process in violation of the Fifth Amendment...

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