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KENISTON v. ROBERTS

No. 82-5931.

717 F.2d 1295 (1983)

Donald W. KENISTON, Plaintiff-Appellant, v. Richard L. ROBERTS, Bendt A. Pedersen, Vince Hecox, the County of San Bernardino, and Southern California Edison Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 5, 1983.

Attorney(s) appearing for the Case

Edison P. McDaniel, San Bernardino, Cal., for plaintiff-appellant.

Joseph Arias, MacLachlan, Burford & Arias, San Bernardino, Cal., for defendants-appellees.

Before FERGUSON and BOOCHEVER, Circuit Judges, and COYLE, District Judge.

FERGUSON, Circuit Judge:

Keniston filed claims under 42 U.S.C. §§ 1983 and 1985 alleging that Southern California Edison Company ("Edison"), under the auspices of the County of San Bernardino ("County"), had removed an electrical fuse and meter from and cut off electrical power to his residence without notice. The defendants moved to dismiss under Fed.R.Civ.P. 12(b)(1) and (6) for lack of subject matter jurisdiction and failure to state a claim upon which...

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