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LAKE JAMES FIRE DEPT., INC. v. BURKE COUNTY, N.C.

No. 97-1815.

149 F.3d 277 (1998)

LAKE JAMES COMMUNITY VOLUNTEER FIRE DEPARTMENT, INCORPORATED, Plaintiff-Appellee, v. BURKE COUNTY, NORTH CAROLINA, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 15, 1998.

Attorney(s) appearing for the Case

ARGUED: Jim D. Cooley, Womble, Carlyle, Sandridge & Rice, Charlotte, North Carolina, for Appellant. Robert Crawford Ervin, Byrd, Byrd, Ervin, Whisnant, McMahon & Ervin, P.A., Morganton, North Carolina, for Appellee. ON BRIEF: W. Clark Goodman, Katherine T. Lange, Womble, Carlyle, Sandridge & Rice, Charlotte, North Carolina, for Appellant.

Before WILKINSON, Chief Judge, NIEMEYER, Circuit Judge, and CLARKE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge WILKINSON and Senior Judge CLARKE joined.

NIEMEYER, Circuit Judge:

We must decide whether to enforce an agreement made by a volunteer fire department not to sue a county for approving the transfer of certain fire protection areas to other fire departments. The district court refused to enforce the agreement as an unconstitutional condition requiring the fire...

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