HOFFMAN v. HALDEN

No. 15782.

268 F.2d 280 (1959)

Adolph G. HOFFMAN, Appellant, v. C. H. HALDEN, Dr. Donald E. Wair, Dr. G. F. Keller and Dr. F. Sydney Hansen, Appellees.

United States Court of Appeals Ninth Circuit.

May 28, 1959.


Attorney(s) appearing for the Case

Alexander, Buehner & Tilbury, Roger Tilbury, Portland, Or., for appellant.

Hart, Spencer, McCulloch, Rockwood & Davies, Cleveland C. Cory, Portland, Or., for appellee Keller.

Robert Y. Thornton, Atty. Gen., Peter S. Herman, Asst. Atty. Gen., State of Oregon, Salem, Or., for appellee Wair.

F. Leo Smith, Dist. Atty., Willis A. West, Chief Civil Deputy, County of Multnomah, Portland, Or., for appellees Halden & Hansen.

Before STEPHENS, Chief Judge, CHAMBERS, Circuit Judge, and JAMES M. CARTER, District Judge.


JAMES M. CARTER, District Judge.

This appeal, in an action for violation of civil rights, presents three major questions:

(1) The sufficiency of the second amended complaint to state a cause of action;

(2) The right to immunity, if any, possessed by state executive officers, and

(3) The impact of the statute of limitations upon the alleged cause.

The defendants below, here appellees, moved to dismiss the second amended complaint of...

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