Novaplex, Inc., Dba Gage Systems Group, Plaintiff-appellant, v. City of Los Angeles; Daniel Lungren, Attorney General,defendants-appellees, 77 F.3d 489 (9th Cir. 1995)

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U.S. Court of Appeals for the Ninth Circuit - 77 F.3d 489 (9th Cir. 1995) Argued and Submitted Dec. 13, 1995. Decided Dec. 28, 1995

Before: HUG, BEEZER and KLEINFELD, Circuit Judges.


ORDER

Because a state criminal prosecution was pending at the time the district court entered its summary judgment order, the district court's grant of summary judgment is VACATED and the suit is DISMISSED without prejudice. Younger v. Harris, 401 U.S. 37 (1971); Hicks v. Miranda, 422 U.S. 332 (1974), overruled on other grounds, Mandel v. Bradley, 432 U.S. 173 (1977) (per curiam).

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