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FOLIO v. CITY OF CLARKSBURG, W.V.A.

No. 97-1628.

134 F.3d 1211 (1998)

Bernard J. FOLIO; Mid-city Land Company; Bernard J. Folio, d/b/a High Rise Associates, Incorporated; Grandeotto, Incorporated; Kathryn Folio; Joseph A. Folio, Plaintiffs-Appellants, v. THE CITY OF CLARKSBURG, WEST VIRGINIA, a West Virginia municipal corporation; Frank Ferrari, Director of Finance for the City of Clarksburg, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 26, 1998.

Attorney(s) appearing for the Case

ARGUED: Thomas G. Eddy, Eddy & Osterman, Pittsburgh, PA, for Appellants. Gregory Alden Morgan, Young, Morgan & Cann, Clarksburg, WV, for Appellees. ON BRIEF: J. Cecil Jarvis, McNeer, Highland & McMunn, Clarksburg, WV, for Appellants.

Before LUTTIG, Circuit Judge, CAMPBELL, Senior Circuit Judge of the United States Court of Appeals for the First Circuit, sitting by designation, and TRAXLER, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge LUTTIG and Senior Judge CAMPBELL joined.

OPINION

TRAXLER, District Judge:

Appellants brought this action pursuant to 28 U.S.C.A. § 2201(a) (West 1994) and 42 U.S.C.A. § 1983 (West Supp.1997) against the City of Clarksburg, West Virginia ("the City") and Frank Ferrari, Director of Finance for Clarksburg, seeking a judgment...

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