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LAMBETH v. BOARD OF COMMR'S OF DAVIDSON COUNTY, NC

No. 04-1753.

407 F.3d 266 (2005)

Charles F. LAMBETH, Jr.; Michael D. Lea, Plaintiffs-Appellants, v. THE BOARD OF COMMISSIONERS OF DAVIDSON COUNTY, NORTH CAROLINA, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 13, 2005.

Attorney(s) appearing for the Case

ARGUED: George Daly, Charlotte, North Carolina, for Appellants. James Redfern Morgan, Jr., Womble, Carlyle, Sandridge & Rice, P.L.L.C., Winston-Salem, North Carolina, for Appellee. ON BRIEF: ON BRIEF: John W. Gresham, Ferguson, Stein, Chambers, Adkins, Gresham & Sumter, Charlotte, North Carolina, for Appellants.

Before WIDENER and KING, Circuit Judges, and Henry F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge WIDENER and Judge FLOYD joined.

OPINION

KING, Circuit Judge:

Plaintiffs Charles F. Lambeth, Jr. and Michael D. Lea appeal the district court's dismissal of their complaint in this civil action for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). Plaintiffs have alleged, pursuant to 42 U.S.C. § 1983, that the Board of Commissioners of...

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