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FRONT ROYAL v. TOWN OF FRONT ROYAL, VIRGINIA

No. 96-1614.

135 F.3d 275 (1998)

FRONT ROYAL AND WARREN COUNTY INDUSTRIAL PARK CORPORATION, a Virginia Corporation, Plaintiff-Appellee, v. TOWN OF FRONT ROYAL, VIRGINIA, a Municipal Corporation; John Marlow, Individually and as former Mayor of the Town of Front Royal, Virginia; Michael Kitts, Individually and as a member of the Town Council of the Town of Front Royal, Virginia; Edwin L. Pomeroy, Individually and as a former member of the Town Council of the Town of Front Royal, Virginia; Albert G. Ruff, Jr., Individually and as a former member of the Town Council of the Town of Front Royal, Virginia; George E. Banks, Individually and as a former member of the Town Council of the Town of Front Royal, Virginia; Brackenridge H. Bentley, Individually and as former Town Manager of the Town of Front Royal, Virginia, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided January 23, 1998.

Attorney(s) appearing for the Case

ARGUED: Glenn M. Hodge, Wharton, Aldhizer & Weaver, P.L.C., Harrisonburg, VA, for Appellants. Robert Clayton Fitzgerald, Hazel & Thomas, P.C., Falls Church, VA, for Appellee. ON BRIEF: Mark D. Obenshain, Wharton, Aldhizer & Weaver, P.L.C., Harrisonburg, VA, for Appellants. Myron C. Smith, Fairfax, VA, for Appellee.

Before RUSSELL, ERVIN, and WILKINS, Circuit Judges.

Reversed and remanded by published opinion. Judge ERVIN wrote the opinion, in which Judge RUSSELL joined. Judge WILKINS wrote an opinion concurring in the judgment.

OPINION

ERVIN, Circuit Judge:

Defendants-Appellants Town of Front Royal, Virginia (Town) and various individuals currently or previously associated with the Town's governance appeal from an order reinstating a prior summary judgment order and awarding recalculated damages. That order...

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