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FISHER v. KING

No. 99-6837.

232 F.3d 391 (2000)

Herbert G. FISHER, Plaintiff-Appellant, v. Charles E. KING; Conrad Spangler, Director, Division of Mineral Mining, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: November 14, 2000.

Attorney(s) appearing for the Case

ARGUED: Wendy Michelle Marantz, Steven H. Goldblatt, Director, Audrey I. Benison, Student Counsel, Thomas Curley, Student Counsel, Appellate Litigation Program, GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Appellant.

Edward Meade Macon, Senior Assistant Attorney General, Richmond, Virginia, for Appellee Spangler; Mark L. Earley, Attorney General, Judith Williams Jagdmann, Deputy Attorney General, Gregory E. Lucyk, Senior Assistant Attorney General, Jeff Wayne Rosen, Lisa Ehrich, ADLER, ROSEN & PETERS, P.C., Virginia Beach, Virginia, for Appellee King. ON BRIEF: Steven H. Goldblatt, Director, Audrey I. Benison, Student, Thomas Curley, Student, Appellate Litigation Program, Georgetown University Law Center, Washington, D.C., for Appellant. Mark L. Earley, Attorney General, Judith Williams Jagdmann, Deputy Attorney General, Gregory E. Lucyk, Senior Assistant Attorney General, Richmond, Virginia, for Appellee Spangler; Lisa Ehrich, Adler, Rosen & Peters, P.C., Virginia Beach, Virginia, for Appellee King.

Before LUTTIG and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge LUTTIG and Judge KING joined.

OPINION

HAMILTON, Senior Circuit Judge:

On January 2, 1987, Herbert Garrison Fisher (Fisher), then a resident of Gloucester County, Virginia, called 911 and reported to an emergency dispatcher that his wife, Kathryn Ann Youngs Fisher (Mrs. Fisher), had fallen off a pier into the Ware River. See Fisher v. Commonwealth, 16 Va...

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