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AUSTIN v. BERRYMAN

No. 91-1750.

955 F.2d 223 (1992)

Barbara AUSTIN, Plaintiff-Appellant, v. Sandra BERRYMAN; Patrice Johnson; Joseph Hayes; Ralph G. Cantrell, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 28, 1992.

As Amended March 2, 1992.

Attorney(s) appearing for the Case

Hugh Fairley O'Donnell, Client Centered Legal Services of Southwest Virginia, Inc., Castlewood, Va., argued for plaintiff-appellant.

Susan Troia Ferguson, Asst. Atty. Gen., Office of Atty. Gen., Richmond, Va., argued (Mary Sue Terry, Atty. Gen., H. Lane Kneedler, Chief Deputy Atty. Gen., Stephen D. Rosenthal, Deputy Atty. Gen., Frank Seales, Jr., Chief and Sr. Asst. Atty. Gen., on brief), for defendants-appellees.

Before MURNAGHAN and SPROUSE, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

MURNAGHAN, Circuit Judge:

The present case arises from prior litigation before the Fourth Circuit, wherein the plaintiff, Barbara Austin ("Austin"), challenged section 60.2-618(1)(ii) of the Code of Virginia Annotated,1 which, inter alia, excludes from unemployment compensation benefits a spouse who voluntarily leaves employment to relocate with his or her spouse. Austin's challenge to the statute originally involved...

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