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ARVINGER v. MAYOR AND CITY COUNCIL OF BALTIMORE

No. 93-2204.

31 F.3d 196 (1994)

Stephen A. ARVINGER, Plaintiff-Appellee, v. MAYOR AND CITY COUNCIL OF BALTIMORE; Larry Burgan, Defendants-Appellants, and Baltimore City Department of Education; Baltimore City Police Department; Ronald Daniel, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 1, 1994.

Attorney(s) appearing for the Case

ARGUED: Burton Harry Levin, Asst. City Sol., Baltimore, MD, for appellants. Kathleen M. Cahill, Baltimore, MD, for appellee. ON BRIEF: Neal M. Janey, City Sol., Baltimore, MD, for appellants. Lisa J. Sansone, Baltimore, MD, for appellee.

Before NIEMEYER, Circuit Judge, SPROUSE, Senior Circuit Judge, and RESTANI, Judge, United States Court of International Trade, sitting by designation.

Reversed by published opinion, Judge NIEMEYER wrote the opinion, in which Senior Judge SPROUSE joined and Judge RESTANI joined in part. Judge RESTANI wrote a separate concurring opinion.

OPINION

NIEMEYER, Circuit Judge:

After Stephen A. Arvinger filed this action alleging that the City of Baltimore breached a settlement agreement that resolved a prior civil rights suit, the City voluntarily afforded Arvinger some of the relief requested in his complaint...

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