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SEA RANCH ASS'N v. CAL. COASTAL ZONE CONS. COM'NS

No. 75-2281.

537 F.2d 1058 (1976)

The SEA RANCH ASSOCIATION, et al., Plaintiffs-Appellants, v. CALIFORNIA COASTAL ZONE CONSERVATION COMMISSIONS et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

June 10, 1976.

Attorney(s) appearing for the Case

Malcom A. Misuraca (argued), of Arata, Misuraca & Beyers, Santa Rosa, Cal., for plaintiffs-appellants.

Ballard Jamieson, Jr. (argued), Natural Resources Defense Council, The Sierra Club, and The California Coastal Alliance, Palo Alto, Cal., and Donatas Januta (argued), Atty. Gen. of Cal., San Francisco, Cal., for defendants-appellees.

Before BARNES, BROWNING and WRIGHT, Circuit Judges.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

In this Section 1983 action [42 U.S.C. § 1983], appellants challenge the constitutionality of portions of the California Coastal Zone Conservation Act (the Act) [Calif.Pub.Resources Code §§ 27401 et seq. (West.Supp.1976)]. A three-judge court "abstained" in favor of "state court . . . determination of the state issues." Sea Ranch Ass'n v. California Coastal Zone Conservation Comm'n,

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