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SCHAEFER v. ANNE ARUNDEL COUNTY, MD.

No. 93-1253.

17 F.3d 711 (1994)

William P. SCHAEFER, d/b/a Schaefer Radio Company, Plaintiff-Appellant, v. ANNE ARUNDEL COUNTY, MARYLAND, a Municipal Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 28, 1994.

Attorney(s) appearing for the Case

ARGUED: Ronald Gordon Dawson, Smith, Somerville & Case, Baltimore, Maryland, for Appellant. Patricia Ann Logan, Senior Assistant County Attorney, Annapolis, Maryland, for Appellee. ON BRIEF: Judson P. Garrett, Jr., County Attorney, Annapolis, Maryland, for Appellee.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and HALL and NIEMEYER, Circuit Judges.

OPINION

NIEMEYER, Circuit Judge:

Claiming that a contract made by an employee of Anne Arundel County, Maryland ("the County"), to sell surplus radio communications equipment should be enforced against the County, William P. Schaefer brought this suit against the County for breach of contract under the district court's diversity jurisdiction. The district court entered a summary judgment in favor of the County, on the grounds that the employee was not authorized...

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