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McBURNEY v. CUCCINELLI

No. 09-1615.

MARK J. McBURNEY; ROGER W. HURLBERT; BONNIE STEWART, Professor, Plaintiffs-Appellants, v. KENNETH T. CUCCINELLI, II, Attorney General, Commonwealth of Virginia; NATHANIEL L. YOUNG, Deputy Commissioner and Director, Division of Child Support Enforcement, Commonwealth of Virginia; THOMAS C. LITTLE, Acting Director of the Real Estate Assessment Division, Henrico County, Commonwealth of Virginia, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 27, 2010.

Attorney(s) appearing for the Case

ARGUED: Leah Marie Nicholls, INSTITUTE FOR PUBLIC REPRESENTATION, Washington, D.C., for Appellants.

Stephen R. McCullough, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, Benjamin Adelbert Thorp, IV, OFFICE OF THE COUNTY ATTORNEY, Henrico County, Henrico, Virginia, for Appellees.

ON BRIEF: Stephen W. Bricker, BRICKER LAW FIRM, P.C., Richmond, Virginia; Brian Wolfman, INSTITUTE FOR PUBLIC REPRESENTATION, Georgetown University Law Center, Washington, D.C., for Appellants.

Craig M. Burshem, Senior Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia; Joseph P. Rapisarda, County Attorney, Karen M. Adams, Senior Assistant County Attorney, OFFICE OF THE COUNTY ATTORNEY, Henrico County, Henrico, Virginia, for Appellees.

Affirmed in part, reversed in part, and remanded by published opinion. Judge Siler wrote the opinion, in which Judge Gregory concurred. Judge Gregory wrote a separate concurring opinion. Judge Agee wrote a separate opinion concurring in part and dissenting in part.

OPINION

SILER, Senior Circuit Judge.

Mark J. McBurney, Roger W. Hurlbert, and Bonnie Stewart (collectively, the "Appellants") appeal the district court's dismissal of their 42 U.S.C. § 1983 action seeking declaratory and injunctive relief against the Attorney General of Virginia, the Deputy Commissioner and Director of Virginia's Division of Child Support Enforcement ("DCSE"), and the Director of the Real Estate Assessment Division in Henrico County...

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