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806 F.2d 258

Docket No. 86-1083.

Westfall v. Weese

Fourth Circuit Court of Appeals

Submitted Oct. 6, 1986. Decided Nov. 28, 1986.

Fourth Circuit Court of Appeals

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Stevenson v. Windsor Power House Coal Company Stevenson

Opinion by Per Curiam ·

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert E. Maxwell, Chief District Judge. (C/A No. 85-166-E)

William B. Westfall, appellant pro se.

Betsy C. Steinfeld, Assistant United States Attorney on brief, for appellee.

N.D.W.Va.

AFFIRMED.

Before HALL, SPROUSE and CHAPMAN, Circuit Judges.

PER CURIAM:

¶1

A review of the record and the district court's opinion accepting the recommendation of the magistrate discloses that this appeal from its order refusing relief under 42 U.S.C. Sec. 1983 is without merit. Because the dispositive issues recently have been decided authoritatively, we dispense with oral argument and affirm the judgment below on the reasoning of the district court. Westfall v. Heckler, C/A No. 85-166-E (N.D.WV, March 21, 1986).

¶2

AFFIRMED.

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