96 Cal. Daily Op. Ser v. 6726, 96 Daily Journald.a.r. 10,963john Doe, M.d., by Curtis Lavery, Executor of His Estate,plaintiff-appellant, v. Attorney General of the United States, et al., Defendants-appellees, 95 F.3d 29 (9th Cir. 1996)

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US Court of Appeals for the Ninth Circuit - 95 F.3d 29 (9th Cir. 1996) Sept. 9, 1996

On Remand from the Supreme Court of the United States. D.C. No. CV-88-03820-CAL.

Prior reports: 814 F. Supp. 844 (N.D. Cal.), --- U.S. ----, 116 S. Ct. 2543, 135 L. Ed. 2d 1064.

Before: WALLACE,^* Senior Circuit Judge; O'SCANNLAIN, Circuit Judge; and KELLEHER,^** District Judge.

In light of the Supreme Court's decision in Lane v. Pena, 518 U.S. ----, 116 S. Ct. 2092, 135 L. Ed. 2d 486 (1996), the district court's judgment in favor of Defendants-Appellees is AFFIRMED. The case is REMANDED to the district court for consideration of whether attorneys fees should be awarded, and if so, the amount of the award.

At the time of submission, the Honorable J. Clifford Wallace was sitting as Chief Judge of the United States Court of Appeals for the Ninth Circuit

The Honorable Robert J. Kelleher, Senior United States District Judge for the Central District of California, sitting by designation

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