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RAMIREZ, LEAL & COMPANY v. CITY DEMONSTRATION AGENCY

No. 75-1024.

549 F.2d 156 (1977)

RAMIREZ, LEAL & COMPANY, Plaintiff-Appellant, v. CITY DEMONSTRATION AGENCY et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 23, 1977.

Attorney(s) appearing for the Case

John W. Keker, Kipperman, Shawn & Keker, San Francisco, Cal., for plaintiff-appellant.

Judith Teichman, Deputy City Atty., San Francisco, Cal., for defendants-appellees.

Before DUNIWAY and GOODWIN, Circuit Judges, and CURTIS, District Judge.

On Petition for Rehearing

OPINION

DUNIWAY, Circuit Judge:

Part V. of our opinion, filed on October 1, 1976, is withdrawn, and in its place the following is substituted:

V. It was error to grant, as an alternative, a summary judgment for defendants on the merits.

In its "Decision and Order," the trial court first concluded that "neither 42 U.S.C. 3301 et seq., 12 U.S.C. 1701(u), nor the CDA letters require...

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