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SPICER v. COM. OF VA., DEPT. OF CORRECTIONS

Nos. 93-2136, 93-2182.

44 F.3d 218 (1995)

Peggy M. SPICER, Plaintiff-Appellee, v. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF CORRECTIONS, Defendant-Appellant, and Buckingham Correctional Center; David Smith, in his capacity as the Warden of Buckingham Correctional Center, Commonwealth of Virginia Department of Corrections; J.M. Perutelli, Captain, Defendants. Peggy M. SPICER, Plaintiff-Appellant, v. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF CORRECTIONS; Buckingham Correctional Center; David Smith, in his capacity as the Warden of Buckingham Correctional Center, Commonwealth of Virginia Department of Corrections; J.M. Perutelli, Captain, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 18, 1995.

Rehearing Granted; Opinion Vacated March 1, 1995.

Attorney(s) appearing for the Case

ARGUED: Guy Winston Horsley, Jr., Sr. Asst. Atty. Gen., Office of the Attorney General, Richmond, VA, for appellant. Tinya Lynette Banks, Leftwich & Douglas, Washington, DC, for appellee. ON BRIEF: James S. Gilmore, III, Atty. Gen. of Virginia, Office of the Attorney General, Richmond, VA, for appellant. Natalie O. Ludaway, Brian K. Pearlstein, Leftwich & Douglas, Washington, DC, for appellee.

Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.

Rehearing En Banc Granted; Opinion Vacated March 1, 1995.

Affirmed in part and remanded in part by published opinion. Judge MOTZ, wrote the opinion, in which Judge MURNAGHAN joined. Judge NIEMEYER wrote an opinion concurring in part and dissenting in part.

OPINION

MOTZ, Circuit Judge:

This case involves cross appeals by a prison employee and her employer. The employer appeals the district court's grant of injunctive relief to the employee...

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