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NORWOOD v. BAIN

Nos. 96-2164, 96-2184.

166 F.3d 243 (1999)

Joseph H. NORWOOD, individually and as representative of a class of citizens, Plaintiff-Appellant, v. W.C. BAIN, Jr., individually and in his official capacity as Director of Public Safety for the City of Spartanburg Police Department; City of Spartanburg, Defendants-Appellees. Joseph H. Norwood, individually and as representative of a class of citizens, Plaintiff-Appellee, v. W.C. Bain, Jr., individually and in his official capacity as Director of Public Safety for the City of Spartanburg Police Department; City of Spartanburg, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided January 8, 1999.

Attorney(s) appearing for the Case

ARGUED: W. Gaston Fairey, Fairey, Parise & Mills, P.A., Columbia, South Carolina, for Appellant. Andrew Frederick Lindemann, Ellis, Lawhorne, Davidson & Sims, P.A., Columbia, South Carolina, for Appellees. ON BRIEF: Rochelle R. McKim, Fairey, Parise & Mills, P.A., Columbia, South Carolina, for Appellant. William H. Davidson, II, James M. Davis, Jr., Ellis, Lawhorne, Davidson & Sims, P.A., Columbia, South Carolina; H. Spencer King, III, Cathy Hoefer Dunn, Leatherwood, Walker, Todd & Mann, P.C., Spartanburg, South Carolina, for Appellees.

Before WILKINSON, Chief Judge, WIDENER, MURNAGHAN, ERVIN, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, MOTZ, TRAXLER, and KING, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed in part; reversed and remanded in part by published per curiam opinion, Judge WILKINS wrote a separate opinion, in which Judge WILLIAMS and Judge TRAXLER joined in its entirety, and in which Judge NIEMEYER joined in Parts I, II, and III. Judge NIEMEYER wrote a separate opinion in which Chief Judge WILKINSON, Judge WIDENER, and Judge LUTTIG joined.

OPINION

PER CURIAM:

This is a class action brought under 42 U.S.C. § 1983 in which it...

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