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BORETA v. KIRBY

No. C-69-534.

328 F.Supp. 670 (1971)

Vaso BORETA, Plaintiff, v. Edward J. KIRBY, Director of the Department of Alcoholic Beverage Control of the State of California, et al., Defendants.

United States District Court, N. D. California.

June 3, 1971.

Attorney(s) appearing for the Case

Charles O. Morgan, Jr., San Francisco, Cal., for plaintiff.

Charles E. Cooper, William S. McKay, and Theodore Sachsman, San Francisco, Cal., for Bank of America Trust & Savings Assn., for defendant.

Evelle J. Younger, Atty. Gen. for State of California, San Francisco, Cal., for Dept. of Alcoholic Beverage Control of State of Cal.

MEMORANDUM AND ORDER

CONTI, District Judge.

This case is before the court on defendants' motions to dismiss or, in the alternative, for summary judgment. Defendant Bank of America, National Trust & Savings Association filed its own motion to dimiss, which was not accompanied by a motion for summary judgment.

The complaint is brought under the Civil Rights Act, 42 U.S.C. §§ 1983, 1985. Said complaint alleges that the defendants "wilfully...

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