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AUVIL v. GRAFTON HOMES, INC.

No. 95-1085.

92 F.3d 226 (1996)

Kenneth D. AUVIL, Plaintiff-Appellant, v. GRAFTON HOMES, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 6, 1996.

Attorney(s) appearing for the Case

ARGUED: Harry A. Smith, III, Elkins, West Virginia, for Appellant. Carl Lee Fletcher, Jr., Spilman, Thomas & Battle, Charleston, West Virginia, for Appellee. ON BRIEF: Paul E. Parker, III, Spilman, Thomas & Battle, Charleston, West Virginia, for Appellee.

Before NIEMEYER and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MOTZ and Senior Judge BUTZNER joined.

OPINION

NIEMEYER, Circuit Judge:

This appeal presents the question of whether a settlement of this case, consummated by the parties' attorneys, should be enforced against one of the parties, Kenneth D. Auvil. The district court enforced the settlement against Auvil, concluding that Auvil had clothed his attorney with apparent...

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