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STANFORD DAILY v. ZURCHER

No. 74-3212.

550 F.2d 464 (1977)

The STANFORD DAILY et al., Plaintiffs-Appellees, v. James ZURCHER, Individually and as Chief of Police of the City of Palo Alto, County of Santa Clara, State of California et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied March 28, 1977.

Attorney(s) appearing for the Case

Sanford Svetcov (argued) San Francisco, Cal., Marilyn Norek Taketa (argued), Palo Alto, Cal., for defendants-appellants.

Jerome B. Falk, Jr. (argued) San Francisco, Cal., for plaintiffs-appellees.

Before HUFSTEDLER and GOODWIN, Circuit Judges, and EAST, District Judge.

Rehearing and Rehearing En Banc Denied March 28, 1977.

PER CURIAM:

I

We adopt the opinion of the district court, Stanford Daily v. Zurcher, 353 F.Supp. 124 (N.D.Cal.1972).

II

We reject appellants' contention that the issuing magistrate is the sole proper party defendant. Having lost in the lower court, the appellants raise this issue for the...

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