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FRANKLIN v. FOX

No. 01-15052.

312 F.3d 423 (2002)

George Thomas FRANKLIN, Plaintiff-Appellant, v. Jim FOX; Martin Murray; Robert Morse; Bryan Cassandro; John Cuneo, Sergeant; Eileen Franklin-Lipsker, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 27, 2002.

Attorney(s) appearing for the Case

Dennis P. Riordan, Riordan and Rosenthal, San Francisco, CA; Andrew C. Schwartz, Casper, Meadows, and Schwartz, Walnut Creek, CA, for the plaintiff-appellant.

James M. Wagstaffe and Pamela Urueta, Kerr and Wagstaffe LLP, San Francisco, CA, for defendants-appellees Martin Murray, Robert Morse, Bryan Cassandro, and John Cuneo.

Richard S. Diestel, Bledsoe, Catheart, Diestel, Livingston and Pedersen, San Francisco, CA, for defendant-appellee Eileen Franklin-Lipsker.

Before: B. FLETCHER, BOOCHEVER and FISHER, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge:

In 1989, Defendant Eileen Franklin-Lipsker ("Franklin-Lipsker") informed the police that she had been an eyewitness to the 1969 sexual molestation and murder of her eight-year-old best friend, Susan Nason. She implicated her father, Plaintiff George Franklin ("Franklin"), in the twenty-year-old unsolved case; a San Mateo County, California jury convicted him of first degree murder. Franklin served five years of a life sentence before...

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