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RICHARDSON v. TOWN OF EASTOVER

No. 89-2490.

922 F.2d 1152 (1991)

Robert RICHARDSON, Plaintiff-Appellee, v. TOWN OF EASTOVER; Lewis N. Scott, Mayor of the Town of Eastover, in his official and individual capacities; Mildred Patterson; W.Y. Taylor; Edna Scott; Richard J. Johnson, Jr., Members of the Eastover Town Council in their official capacities, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided January 14, 1991.

Attorney(s) appearing for the Case

James Lewis Mann Cromer (argued), Cromer & Mabry, Columbia, S.C., for defendants-appellants.

John Wesley Foard, Jr., Columbia, S.C., for plaintiff-appellee; Joseph C. Coleman, on brief.

Before RUSSELL and NIEMEYER, Circuit Judges, and CACHERIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

NIEMEYER, Circuit Judge:

The mayor and town council of Eastover, South Carolina, decided to "clean up" Main Street and therefore not to renew the licenses of the two nightclubs or discos which came up for renewal on April 1, 1988. The town also turned down a third applicant for a license. Robert Richardson, the owner of one of the clubs which were closed, filed suit under 42 U.S.C. § 1983, contending that he was deprived of his property without due process in...

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