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EAST OAKLAND-FRUITVALE PLANNING COUNCIL v. RUMSFELD

No. 25964.

471 F.2d 524 (1972)

EAST OAKLAND-FRUITVALE PLANNING COUNCIL, a nonprofit California corporation, Plaintiff-Appellant, v. Donald RUMSFELD, Director, Office of Economic Opportunity, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

December 8, 1972.

Attorney(s) appearing for the Case

Denis Clifford (argued), Lawrence Baskin, Stephen Ronfeldt, Ronald J. Watts, Thomas L. Fike, Oakland, Cal., for plaintiff-appellant.

Alan S. Rosenthal, Atty. (argued), Robert V. Zenner, Atty., William D. Ruckelshaus, Asst. Atty. Gen., Washington, D.C., James L. Browning, Jr., U.S. Atty., San Francisco, Cal., for defendant-appellee.

Before HAMLEY, BROWNING and WRIGHT, Circuit Judges.

BROWNING, Circuit Judge:

East Oakland-Fruitvale Planning Council sued the Director of the Office of Economic Opportunity for declaratory judgment and injunctive relief. The district court dismissed the action on the ground that the complaint failed to state a claim upon which relief could be granted. East Oakland-Fruitvale Planning Council v. Rumsfeld, 310 F.Supp. 546 (N.D.Calif.1970).1 We vacate the...

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