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NIVENS v. GILCHRIST

No. 05-1276.

444 F.3d 237 (2006)

Kenneth Scott NIVENS; Glen Lance Maners; Terri Lynn Stork, Plaintiffs-Appellants, v. Peter S. GILCHRIST, III, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 11, 2006.

Attorney(s) appearing for the Case

ARGUED: Aaron Edmund Michel, Charlotte, North Carolina, for Appellants. Norma Smithwick Harrell, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Roy Cooper, Attorney General, Raleigh, North Carolina, for Appellee.

Before WILLIAMS, MOTZ, and KING, Circuit Judges.

Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge MOTZ and Judge KING joined.

WILLIAMS, Circuit Judge.

Appellants Kenneth Scott Nivens, Glen Lance Maners, and Terri Lynn Stork previously brought an action in the United States District Court for the Western District of North Carolina, seeking to enjoin a pending state criminal drug prosecution against them. Appellants contended that because they had already paid North Carolina...

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