U.S. Court of Appeals for the Fourth Circuit, 1986

Richard A. Whalen v. The Roanoke County Board of Supervisors William F. Clark, Individually Raymond Eugene Robertson, Individually

U.S. Court of Appeals for the Fourth Circuit · Decided July 28, 1986 · Winter, Russell, Widener, Hall, Phillips, Murnaghan, Sprouse, Ervin, Chapman, Wilkinson

797 F.2d 170 (Federal Reporter, Second Series)

Counsel

S. Strother Smith, III, Abingdon, Va., for appellant., William B. Poff (Thomas A. Leggette; Woods, Rogers, Muse, Walker & Thornton, James E. Buchholtz, Roanoke, Va., on brief), for appellees.

Cases that cite this one

23 later published cases cite this decision. The 20 that cite it most often are listed here.

McClung v. Marion County Commission (W. Va. 1987)
G. Robin Oscar v. Clovervale Foods Processing, Inc., G. Robin Oscar v. Clovervale Foods Processing, Inc. (4th Cir. 1987)
Kirby v. City Of Elizabeth City (4th Cir. 2004)
Kirby v. City Of Elizabeth City (4th Cir. 2004)
Kirby v. City of Elizabeth City (4th Cir. 2004)
Kirby v. City of Elizabeth City (4th Cir. 2004)
Linda S. Notter v. North Hand Protection, a Division of Siebe, Incorporated (4th Cir. 1996)
Notter v. North Hand Protect (4th Cir. 1996)
Clifton Thomas v. Willis Stalter and Robert Heath (7th Cir. 1994)
United States v. Real Property in Mecklenburg County, NC (District Court, W.D. North Carolina 1993)
GTE Products Corp. v. Kennametal, Inc. (District Court, W.D. Virginia 1991)
Al-Zubaidi v. Ijaz (4th Cir. 1990)
Gries v. Zimmer, Inc. (District Court, W.D. North Carolina 1990)
United States v. Tobias (4th Cir. 1990)
Al-Zubaidi v. Ijaz (4th Cir. 1990)
Arvinger v. Mayor And City Council Of Baltimore (4th Cir. 1988)
EKA AB, Conteka B v. v. Union Carbide Corp. (District Court, D. Maryland 1988)
Arvinger v. Mayor of Baltimore (4th Cir. 1988)
United States v. 369.31 Acres of Land in Roanoke County (District Court, W.D. Virginia 1988)
Wheelahan v. G D Searle & Co. (4th Cir. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

797 F.2d 170

Richard A. WHALEN, Appellant,
v.
The ROANOKE COUNTY BOARD OF SUPERVISORS; William F. Clark,
Individually; Raymond Eugene Robertson,
Individually; Appellees.

No. 83-2095.

United States Court of Appeals,
Fourth Circuit.

Argued Feb. 3, 1986.
Decided July 28, 1986.

S. Strother Smith, III, Abingdon, Va., for appellant.

William B. Poff (Thomas A. Leggette; Woods, Rogers, Muse, Walker & Thornton, James E. Buchholtz, Roanoke, Va., on brief), for appellees.

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN, CHAPMAN and WILKINSON, Circuit Judges.

PER CURIAM:

Being convinced that the district court ruled correctly in granting William F. Clark's motion for judgment notwithstanding the verdict following the jury verdict in favor of Richard A. Whalen, we affirm the district court's decision.* The bases for our conclusion are set forth in the concurring and dissenting opinion filed by Judge Ervin as part of the opinion of the original panel. Whalen v. Roanoke County Board of Supervisors, 769 F.2d 221, 226 (4th Cir. 1985).

AFFIRMED.

HARRISON L. WINTER, Chief Judge, dissenting:

I respectfully dissent for the reasons set forth in Parts II and III of Judge Butzner's panel opinion, and Part III of my concurring and dissenting panel opinion. I would reverse the judgment of the district court without remanding the case for reconsideration of the motion for a new trial.

In light of our action concerning the judgment notwithstanding the verdict, we need not address the propriety of the conditional denial of Clark's motion for a new trial. See 9 C. Wright and A. Miller, Federal Practice and Procedure Sec. 2540 at 618 (1971)

Case-law data current through December 31, 2025. Source: CourtListener bulk data.