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CAIN v. McQUEEN

Nos. 76-1222, 76-1387 and 76-1439.

580 F.2d 1001 (1978)

Virginia CAIN, Plaintiff-Appellee, v. Robert McQUEEN et al., Defendants-Appellants. Virginia CAIN, Plaintiff-Appellee-Cross-Appellant, v. Robert McQUEEN et al., Defendants-Appellants-Cross-Appellees. Virginia CAIN, Plaintiff-Appellee, v. Robert McQUEEN et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

August 24, 1978.

Attorney(s) appearing for the Case

Eugene J. Wait, Jr. (argued) of Wait, Shamberger, Georgeson & McQuaid, Reno, Nev., for Robert McQueen et al.

Jerry D. Anker (argued), Washington, D. C., for Virginia Cain.

Before TRASK and ANDERSON, Circuit Judges, and GRANT, District Judge.

TRASK, Circuit Judge:

This appeal is taken by both plaintiff and defendants from an order of the district court denying defendants' motion to dismiss and granting limited summary judgment to plaintiff. Plaintiff's subsequent motion to amend the limited summary judgment pursuant to Rule 59(e) of the Federal Rules of Civil Procedure was denied.

Jurisdiction in the district court was based upon 42 U.S.C. § 1983, 28 U.S.C. § 1331 and 28 U.S.C. §...

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