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ROBERSON v. MULLINS

No. 93-1618.

29 F.3d 132 (1994)

George Larkin ROBERSON, Plaintiff-Appellee, v. Edgar MULLINS, individually and as a member of the Wise County Board of Supervisors; Sam Church, individually and as a member of the Wise County Board of Supervisors; Claude Collins, individually and as a member of the Wise County Board of Supervisors; Jack Kiser, individually and as a member of the Wise County Board of Supervisors; Julius Fred Tate, individually and as a member of the Wise County Board of Supervisors; Donnie Dowell, individually and as a member of the Wise County Board of Supervisors; Wise County Board of Supervisors, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 8, 1994.

Attorney(s) appearing for the Case

ARGUED: James Parker Jones, Penn, Stuart, Eskridge & Jones, Bristol, VA; Susan Debra Oglebay, Legal Dept., United Mine Workers of America, Castlewood, VA, for appellants. William Henry Hurd, Richmond, VA, for appellee. ON BRIEF: John Mack Farmer, Wolfe & Farmer, Norton, VA, for appellee.

Before RUSSELL and WILLIAMS, Circuit Judges, and CLARKE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed in part and dismissed in part by published opinion. Judge DONALD RUSSELL wrote the opinion, in which Judge WILLIAMS and Senior District Judge CLARKE joined.

OPINION

DONALD RUSSELL, Circuit Judge:

Defendants, the Board of Supervisors for Wise County, Virginia (the County Board) and some of its members, appeal the district court's denial of their motions to dismiss plaintiff George Roberson's section 1983 action against them on the grounds...

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