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Old March 31, 2012, 12:30 PM   #78
KyJim
Senior Member
 
Join Date: July 26, 2005
Location: The Bluegrass
Posts: 7,764
Quote:
Then whatever opinion the 4th Circuit publishes affirming the District Court become the law in the 4th Circuit.
For the casual reader, the key term is "publishes." Opinions may be designated as "published" or "unpublished." Published opinions are considered binding precedent but unpublished opinions are not. They could only be used for persuasive authority. Fourth Circuit Rule 32.1 does allow citation to unpublished opinions issued after 1/1/07. I would think the 4th Circuit would publish the opinion.
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