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SALES v. GRANT

No. 97-1496.

158 F.3d 768 (1998)

Inez SALES; Debra M. Miller, Plaintiffs-Appellants, v. Alphonso L. GRANT; John E. Mason, Jr., in their individual capacities and in their official capacities as members of the city of Lynchburg Electoral Board; David T. Petty, Jr., in his official capacity as a member of the City of Lynchburg Electoral Board; Carol Spencer Read, Defendants-Appellees, and City of Lynchburg Electoral Board, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided October 14, 1998.

Attorney(s) appearing for the Case

ARGUED: David Edward Constine, III, Mays & Valentine, L.L.P., Richmond, VA, for Appellants. Bradley Brent Cavedo, Shuford, Rubin & Gibney, P.C., Richmond, VA, for Appellees. ON BRIEF: Anthony F. Troy, Claudia T. Salomon, Mays & Valentine, L.L.P., Richmond, VA, for Appellants.

Before WILLIAMS, Circuit Judge, PHILLIPS, Senior Circuit Judge, and FOX, Chief United States District Judge for the Eastern District of North Carolina, sitting by designation.

Affirmed in part and reversed and remanded for a new trial by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge WILLIAMS and Chief Judge FOX joined.

OPINION

PHILLIPS, Senior Circuit Judge.

This is an appeal by Debra Miller and Inez Sales, former Assistant Registrars of the City of Lynchburg, Virginia, from a judgment dismissing their action under 42 U.S.C. § 1983 (1994) in which they claimed that members of the Lynchburg...

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