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O'BRIEN v. APPOMATTOX COUNTY, VIRGINIA

No. 02-CV-43.

293 F.Supp.2d 660 (2003)

Tommy O'BRIEN, Charles S. Brand, Daniel A. Cash, Louis Foster, Glover Gilliam, R.G. Stewart, Triple P. Farms, Roger Walton, Winston Walton, Robert C. Winston, and W and W Farms, Plaintiffs, v. APPOMATTOX COUNTY, VIRGINIA, Board of Supervisors of Appomattox County, Virginia, and, Darrell A. Carroll, Jr., Defendants.

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

November 24, 2003.

Attorney(s) appearing for the Case

James B. Slaughter, Beveridge & Diamond, Washington, DC, for Plaintiffs.

John Adrian Gibney, Jr., Robert A. Dybing, Thompson & McMullan PC, Richmond, VA, James Edward Cornwell, Jr., Lloyd Lee Byrd, Margaret Ann Neil Cosby, Daniel M. Siegel, Sands Anderson Marks & Miller, Richmond, VA, for Defendants.

MEMORANDUM OPINION

MOON, District Judge.

I. BACKGROUND

The Court has before it Defendants' Motion to Certify Question of State Law and Plaintiffs' Motion for Summary Judgment on counts Four, Five, and Six. For the reasons stated below, Defendants' motion is DENIED and Plaintiffs' motion is GRANTED in part and DENIED in part.

The eleven named Plaintiffs in this action are farm operators...

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