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SMITH v. CITY OF LAS VEGAS

No. 24739.

439 F.2d 706 (1971)

Willis B. SMITH and Amelia M. Smith, Plaintiffs-Appellants, v. CITY OF LAS VEGAS et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

March 22, 1971.

Attorney(s) appearing for the Case

Raymond E. Sutton, Las Vegas, Nev., for plaintiffs-appellants.

Earl P. Gripentrog, Las Vegas, Nev., for defendants-appellees.

Before KOELSCH and CARTER, Circuit Judges, and BYRNE, Senior District Judge.

PER CURIAM:

The district court granted a motion to dismiss as to the City of Las Vegas, (1) for failure to prosecute under local rule 9(b) and (2) because no substantial federal question was presented.

Appellants, on September 7, 1967, filed their complaint. Summons was issued but process was not served. On December 1, 1967 appellants filed an amended complaint and on December 29, 1969, the City of Las Vegas was served with process.

Local Rule 9(b...

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