Bob Lokey et al., Plaintiffs-appellants, v. H. L. Richardson, Etc., et al., Defendants-appellees, 540 F.2d 1022 (9th Cir. 1976)

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US Court of Appeals for the Ninth Circuit - 540 F.2d 1022 (9th Cir. 1976) Sept. 9, 1976

Evelle J. Younger, Atty. Gen. of Cal., San Francisco, Cal., for defendants-appellees.

ORDER

Before BROWNING, ELY and ANDERSON, Circuit Judges.


Because the legal and factual considerations relevant to the decision of this case in light of Montanye v. Haymes, --- U.S. ----, 96 S. Ct. 2543, 49 L. Ed. 2d --- (1976), and Meachum v. Fano, --- U.S. ----, 96 S. Ct. 2532, 49 L. Ed. 2d --- (1976), were not addressed by the parties or the district court, the summary judgment, reversed by the Court of Appeals, 9 Cir., 527 F.2d 949, with certiorari granted by the Supreme Court, --- U.S. ----, 96 S. Ct. 3186, 49 L. Ed. 2d ---, is vacated and the cause remanded for further proceedings consistent with those decisions.

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