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STEPHENS v. COUNTY OF ALBEMARLE, VA

No. 07-1478.

524 F.3d 485 (2008)

Patricia STEPHENS, Plaintiff-Appellant, v. COUNTY OF ALBEMARLE, VIRGINIA; City of Charlottesville; Rivanna Solid Waste Authority, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: May 9, 2008.

Attorney(s) appearing for the Case

ARGUED: Deborah Chasen Wyatt, Wyatt & Associates, P.L.C., Charlottesville, Virginia, for Appellant. Alvaro Antonio Inigo, Zunka, Milnor, Carter & Inigo, Ltd., Charlottesville, Virginia, for Appellees. ON BRIEF: Richard H. Milnor, Zunka, Milnor, Carter & Inigo, Ltd., Charlottesville, Virginia, for Appellees.

Vacated and remanded by published opinion. Chief Judge WILLIAMS wrote the opinion, in which Associate Justice O'CONNOR and Senior Judge HAMILTON joined.

OPINION

WILLIAMS, Chief Judge:

After Patricia Stephens's husband, Wayne Stephens, died in an explosion at a landfill near Ivy, Virginia, she brought this action under 42 U.S.C.A. § 1983 (West 2003 & Supp.2006) against the landfill's operators—the County of Albemarle, the City of Charlottesville, and the Rivanna Solid Waste Authority ("RSWA")1 (collectively "Appellees"). Ms. Stephens claims that two settlement...

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