Leon Clifford Foster, Plaintiff-appellant, v. Paul J. Fredrickson, Defendant-appellee, 5 F.3d 536 (9th Cir. 1993)

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U.S. Court of Appeals for the Ninth Circuit - 5 F.3d 536 (9th Cir. 1993) Submitted Aug. 23, 1993. *Decided Sept. 3, 1993

Before: PREGERSON, BRUNETTI, and RYMER, Circuit Judges.

MEMORANDUM** 

In light of the Supreme Court's opinion in Antoine v. Byers & Anderson, Inc., 113 S. Ct. 2167 (1993), we vacate the district court's dismissal of Foster's action and remand the case to the district court.

VACATED and REMANDED.1 

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

 1

Accordingly, Foster's motion for summary reversal is denied as moot

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