601 F2d 159 Karara v. County of Tazewell Virginia

601 F.2d 159

Said M. KARARA, Appellant,
v.
COUNTY OF TAZEWELL, VIRGINIA, Appellee.

No. 78-1476.

United States Court of Appeals,
Fourth Circuit.

Argued May 8, 1979.
Decided July 12, 1979.

James P. Jones, Abingdon, Va. (Penn, Stuart, Eskridge & Jones, Abingdon, Va., on brief), for appellant.

Norris Kantor, Bluefield, W. Va. (Katz, Kantor, Katz, Perkins & Cameron, Bluefield, W. Va., Robert M. Galumbeck, Tazewell, Va., County Atty., on brief), for appellee.

Before RUSSELL, Circuit Judge, FIELD, Senior Circuit Judge, and WIDENER, Circuit Judge.

PER CURIAM:

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1

Appellant instituted this diversity action alleging breach of contract by the County of Tazewell. The district court found that appellant had failed to comply with a state statute which required him to appeal the County's denial of his claim within thirty days of receiving notice of that denial, that such failure would constitute a bar to his action in state court, and thus was a bar to his federal diversity action. We find no error in such ruling and affirm the dismissal of the appellant's action on the opinion of the district court.

2

AFFIRMED.