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JOBSON v. CITY OF HUNTINGTON BEACH

No. CV-78-4486-AAH(Kx).

462 F.Supp. 774 (1978)

Douglas Stevenson JOBSON, Individually, and Michael Napier, Individually and on behalf of all others similarly situated, Plaintiffs, v. The CITY OF HUNTINGTON BEACH, a Municipal Corporation, the Huntington Beach Police Department, Floyd Belsito, City Administrator for the City of Huntington Beach, Earle Robitaille, Chief of Police of Huntington Beach, Ronald Shenkman, Mayor of the City of Huntington Beach, Patrick Gildea, Huntington Beach Police Officer, H. Poe, Huntington Beach Police Officer, Badge # 99, V. Bethea, Huntington Beach Police Officer, Badge # 209, J. Blackwell, Huntington Beach Police Officer, Badge # 59, G. Renek, Huntington Beach Police Lieutenant, Defendants.

United States District Court, C. D. California.

December 14, 1978.

Attorney(s) appearing for the Case

David Paul Carpenter, Westminster, Cal., for plaintiffs.

Gail Hutton, City Atty., by Robert C. Sangster, Huntington Beach, Cal., for defendants City of Huntington Beach, Huntington Beach Police Dept., Floyd Belsito, City Administrator, Earle Robitaille, Chief of Police, and Ronald Shenkman, Mayor.

William B. Sage, Police Legal Advisor, Huntington Beach, Cal., for defendants Patrick Gildea, H. Poe, V. Bethea, J. Blackwell, and G. Renek.

FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR DENIAL OF TEMPORARY RESTRAINING ORDER F.R.C.P. 52

HAUK, District Judge.

Plaintiffs, and each of them, having applied to the court for issuance of a temporary restraining order, and the court having heard plaintiff's ex parte application therefor at 10:00 a.m. on November 28, 1978, pursuant to Federal Rule of Civil Procedure 65(b) and Local Rule 3(j), and the court having heard and considered arguments and having...

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