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SUNRISE CORP., MYRTLE BEACH v. MYRTLE BEACH

No. 04-2171.

420 F.3d 322 (2005)

SUNRISE CORPORATION OF MYRTLE BEACH; Boulevard Development LLC; S & H Development, Inc., Plaintiffs-Appellants, v. The CITY OF MYRTLE BEACH; Mark McBride, Individually; Judy Rodman, Individually; Rachael Broadhurst, Individually; Charles Martino, Individually; Wilson Cain, Individually; Crain Woods, Individually; Larry Bragg, Individually; Tom Conn, Individually; Tom Davis, Individually; Sally Howard, Individually; Fred Rourk, Individually, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 26, 2005.

Attorney(s) appearing for the Case

ARGUED: Howell V. Bellamy, Jr., Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., Myrtle Beach, South Carolina, for Appellants. Frances Isaac Cantwell, Regan & Cantwell, Charleston, South Carolina, for Appellees. ON BRIEF: Douglas M. Zayicek, Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., Myrtle Beach, South Carolina, for Appellants. William B. Regan, Regan & Cantwell, Charleston, South Carolina; L. Gregory Cook Horton, Adriane Malanos Belton, Buist, Moore, Smythe & McGee, P.A., Charleston, South Carolina, for Appellees.

Before WIDENER, WILKINSON, and NIEMEYER, Circuit Judges.

Affirmed by published opinion. Judge WIDENER wrote the opinion, in which Judge WILKINSON and Judge NIEMEYER concurred.

WIDENER, Circuit Judge.

Plaintiffs, Sunrise Corporation of Myrtle Beach, Boulevard Development LLC, and S & H Development, Inc. (collectively Sunrise),1 appeal from the district court's granting of defendant the City of Myrtle Beach's (Myrtle Beach) motions for summary...

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