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NICKELL v. WESTERVELT

Civ. A. No. 71-C-27-C(Re).

354 F.Supp. 111 (1973)

James R. NICKELL et al., Plaintiffs, v. Dr. Frederic B. WESTERVELT, Jr., et al., Defendants.

United States District Court, W. D. Virginia, Charlottesville Division.

January 26, 1973.

Attorney(s) appearing for the Case

Larry E. Losch, Billheimer & Losch, Montgomery, W. Va., for plaintiffs.

Edward R. Slaughter, Jr., Charlottesville, Va., for defendant Westervelt.

D. B. Marshall, Paxson, Marshall & Smith, Charlottesville, Va., for defendant Williams.

Ruling On Motion To Dismiss

DALTON, Chief Judge.

This case is before the court upon remand from a Fourth Circuit Court of Appeals per curiam decision issued October 2, 1972. On Appeal, the Fourth Circuit vacated the motion to dismiss ordered by this court on January 1, 1972, but granted plaintiffs' leave to amend, in view of a recent decision, Miller, Adm. v. Perry, 456 F.2d 63 (4th Cir. 1972), in which the court...

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