Gilles v. Torgersen ( 1997 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 96-2218
    JAMES G. GILLES, Brother,
    Plaintiff - Appellant,
    versus
    ROLAND M. WHEELER, Director of University
    Services, Virginia Polytechnic Institute and
    State University; ANN SPENCER, Associate Vice-
    President for Personnel and Administrative
    Services, Virginia Polytechnic Institute and
    State University; CLARRESSA M. MORTON, Assis-
    tant Director for Event Planning, Virginia
    Polytechnic Institute and State University;
    BOARD OF VISITORS, VIRGINIA POLYTECHNIC
    INSTITUTE AND STATE UNIVERSITY; RICHARD M.
    BAGLEY, Honorable; JOSEPH H. BARLOW; WILLIAM
    C. BROADDUS, Esquire; HENRY J. DEKKER; BUFORD
    L. DRISKILL, JR.; HORACE G. FRALIN; CLIFTON C.
    GARVIN, JR.; ROBERT J. GREY, JR.; MICHAEL M.
    HAWES,   Vice-President    for   Finance   and
    Administration Olver, Incorporated; W. PAT
    JENNINGS, SR., The Honorable; CECIL R. MAXSON,
    JR., Facilities Executive Officer Corporate
    Facilities    Manager   NationsBank    Service
    Corporation; RHEA F. MOORE, JR.; ROSE MILES
    ROBINSON; SUE ELLEN ROCOVICH, Dr.; ROBERT
    MORGAN, Student Member; PAUL E. TORGERSEN,
    President, Virginia Polytechnic Institute and
    State University; TOM GOODALE, Dr., Vice-
    President for Student Affairs, Virginia
    Polytechnic Institute and State University,
    Defendants - Appellees,
    and
    BEVERLY H. SGRO, Dean of Students, Virginia
    Polytechnic Institute and State University;
    JERRY D. CAIN, General Counsel & Special As-
    sistant Attorney General, Virginia Polytechnic
    Institute and State University,
    Defendants.
    Appeal from the United States District Court for the Western Dis-
    trict of Virginia, at Roanoke. Jackson L. Kiser, Senior District
    Judge. (CA-92-933-R)
    Submitted:   November 28, 1997        Decided:   December 11, 1997
    Before WILKINSON, Chief Judge, and WIDENER and ERVIN, Circuit
    Judges.
    Affirmed by unpublished per curiam opinion.
    J. Patrick Wiseman, WISEMAN, DURST, TUDDENHAM & OWEN, Austin,
    Texas, for Appellant. James S. Gilmore, III, Attorney General of
    Virginia, William H. Hurd, Deputy Attorney General, OFFICE OF THE
    ATTORNEY GENERAL, Richmond, Virginia; Jerry D. Cain, General Coun-
    sel/Special Assistant Attorney General, Kay Heidbreder, Associate
    General Counsel/Special Assistant Attorney General, VIRGINIA
    POLYTECHNIC INSTITUTE AND STATE UNIVERSITY, Blacksburg, Virginia,
    for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    2
    PER CURIAM:
    Appellant James G. Gilles originally filed suit against Vir-
    ginia Polytechnic Institute and State University ("Virginia Tech")
    challenging the constitutionality of regulations under which the
    university prohibited him from preaching at its drill field. By an
    Agreed Order, the parties submitted to the district court only the
    question of the constitutionality of Virginia Tech's sponsorship
    regulation, which the court upheld against Appellant's First Amend-
    ment challenge.    On appeal, we vacated the district court's order
    and remanded with directions to dismiss for lack of standing as
    there was no justiciable issue. See Gilles v. Torgersen, 
    71 F.3d 497
     (4th Cir. 1995).
    While that appeal was pending, the district court granted
    Appellant's motion for attorneys' fees based upon the Agreed Order.
    When Defendants did not comply with the order, Appellant moved to
    enforce it under Fed. R. Civ. P. 70. Defendants, in turn, filed a
    motion to vacate the attorneys' fees order pursuant to Fed. R. Civ.
    P. 60(b)(5). The district court granted Defendants' motion to va-
    cate and denied Appellant's motion. Finding no reversible error, we
    affirm the order based on the reasoning of the district court. See
    Gilles v. Torgersen, No. 92-0933-R (W.D. Va. Aug. 9, 1996) *
    AFFIRMED
    *
    We previously granted Appellant's unopposed motion to submit
    this appeal for decision on the briefs without oral argument.
    3
    

Document Info

Docket Number: 96-2218

Filed Date: 12/11/1997

Precedential Status: Non-Precedential

Modified Date: 10/30/2014