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SINCLAIR v. SPATOCCO

No. 71-1905.

452 F.2d 1213 (1971)

James SINCLAIR, Plaintiff-Appellant, v. Gloria Ella SPATOCCO, alias Gloria E. Reed, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 23, 1972.

Attorney(s) appearing for the Case

James Sinclair in pro. per.

John K. Duncan, Los Angeles, Cal., for defendants-appellees.

Before MERRILL, BROWNING and CHOY, Circuit Judges.

PER CURIAM :

Dismissal by the District Court was not error.

Appellant's allegations against his attorney do not amount to violation of his civil rights, giving rise to federal jurisdiction under 42 U.S.C. § 1985. Services performed by an attorney in connection with a lawsuit do not constitute action under color of state law. Dyer v. Rosenberg, 434 F.2d 648 (9th Cir. 1970).

As to the remaining claims, the finding...

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