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O'REILLY v. COUNTY BD. OF APPEALS FOR MONTGOMERY COUNTY

No. 89-1710.

900 F.2d 789 (1990)

Sean J. O'REILLY, Plaintiff-Appellant, v. COUNTY BOARD OF APPEALS FOR MONTGOMERY COUNTY, MARYLAND, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 13, 1990.

Attorney(s) appearing for the Case

Edwin Vieira, Jr., Independent Hill, Va., for plaintiff-appellant.

Karen L. Federman Henry, argued, Asst. County Atty., Rockville, Md., Clyde H. Sorrell, County Atty., Linda D. Berk, Sr. Asst. County Atty., on brief, Rockville, Md., for defendant-appellee.

Before MURNAGHAN and WILKINS, Circuit Judges, and HARVEY, Chief United States District Judge for the District of Maryland, sitting by designation.

WILKINS, Circuit Judge:

Sean J. O'Reilly appeals from the decision of the district court dismissing his claim brought pursuant to 42 U.S.C.A. § 1983 (West 1981) against the County Board of Appeals for Montgomery County, Maryland (Board). The district court determined that O'Reilly's action was precluded by collateral estoppel. We reverse and remand.

I.

The Montgomery County Department of Transportation (DOT) issues Passenger Vehicle Licenses...

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