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GILLIAM v. FOSTER

No. 95-2434.

75 F.3d 881 (1996)

Darrell Wayland GILLIAM, Jr.; Pamela Owings; James Matthew Swain, Petitioners-Appellees, v. James Lee FOSTER, Sheriff of Newberry County; Charles M. Condon, Attorney General for the State of South Carolina; James W. Johnson, Jr., Circuit Court Judge of South Carolina, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided January 29, 1996.

Attorney(s) appearing for the Case

ARGUED: Donald John Zelenka, Assistant Deputy Attorney General, Columbia, South Carolina, for Appellants. Joy Scherffius Goodwin, Levy & Goodwin, Columbia, South Carolina, for Appellees. ON BRIEF: J. Christopher Mills, Fairey, Parise & Mills, Columbia, South Carolina, for Appellee Gilliam; Samuel M. Price, Jr., Newberry, South Carolina, for Appellee Owings.

Before ERVIN, Chief Judge, and RUSSELL, WIDENER, HALL, MURNAGHAN, WILKINSON, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge WILKINS wrote the majority opinion in which Chief Judge ERVIN and Judges HALL, MURNAGHAN, HAMILTON, WILLIAMS, MICHAEL, and MOTZ joined; Judge WILKINSON wrote a dissenting opinion in which Judges RUSSELL, WIDENER, NIEMEYER, and LUTTIG joined; Judge NIEMEYER wrote a dissenting opinion in which Judge WIDENER joined; and Judge LUTTIG wrote a dissenting opinion in which Judges RUSSELL, WIDENER, WILKINSON, and NIEMEYER joined.

OPINION...

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