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MALLETTE v. COUNTY EMPLOYEES' RETIREMENT SYSTEM II

No. 94-2298.

91 F.3d 630 (1996)

Lila M. MALLETTE, Plaintiff-Appellant, v. ARLINGTON COUNTY EMPLOYEES' SUPPLEMENTAL RETIREMENT SYSTEM II; Arlington County Board of Supervisors, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 1, 1996.

Attorney(s) appearing for the Case

ARGUED: Robert Dean Weiss, Fairfax, Virginia, for Appellant. Andrew Ray McRoberts, Assistant County Attorney, Arlington, Virginia, for Appellees. ON BRIEF: Barbara S. Drake, County Attorney, Arlington, Virginia, for Appellees.

Before ERVIN and WILKINS, Circuit Judges, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge ERVIN wrote the opinion, in which Judge WILKINS and Senior Judge MICHAEL joined.

OPINION

ERVIN, Circuit Judge:

After Arlington County denied her application for service-related disability retirement benefits, Lila Mallette brought this action under 42 U.S.C. § 1983, claiming that the County violated her constitutional right to due process by failing to provide adequate notice. The district court...

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