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DiMEGLIO v. HAINES

No. 94-1569.

45 F.3d 790 (1995)

Frank M. DiMEGLIO, Plaintiff-Appellee, v. J. Robert HAINES, individually and in his former official capacity as Zoning Commissioner of Baltimore County, Maryland, Defendant-Appellant, and Arnold M. Jablon, individually and in his official capacity as Director of Zoning Administration and Development Management of Baltimore County, Maryland; Roger Hayden, individually and in his official capacity as Executive of Baltimore County, Maryland; Baltimore County, Maryland, a municipal corporation, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided February 2, 1995.

Attorney(s) appearing for the Case

ARGUED: Kathleen Morris McDonald, Irwin, Kerr, Green, McDonald & Dexter, Baltimore, MD, for appellant. Donald Frederick Chiarello, Hochberg, Chiarello, Costello & Dowell, Towson, MD, for appellee. ON BRIEF: Charles M. Kerr, Brian C. Temple, Irwin, Kerr, Green, McDonald & Dexter, Baltimore, MD, for appellant. Michael P. Tanczyn, Towson, MD; Charles Mentzer, Baltimore, MD, for appellee.

Before WIDENER, LUTTIG, and WILLIAMS, Circuit Judges.

Vacated and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge WIDENER and Judge WILLIAMS joined.

OPINION

LUTTIG, Circuit Judge:

Appellant J. Robert Haines, formerly the Zoning Commissioner of Baltimore County, appeals from an order of the United States District Court for the District of Maryland denying his motion for summary judgment on appellee Frank M. DiMeglio's federal section 1983 and state law claims. Because the...

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