LURIE v. STATE OF CAL.

No. 78-3036.

633 F.2d 786 (1980)

William J. LURIE et al., Plaintiffs-Appellants, v. STATE OF CALIFORNIA et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 31, 1980.

Rehearing Denied December 17, 1980.


Attorney(s) appearing for the Case

Michael M. Berger, Fadem, Berger & Norton, Santa Monica, Cal., for plaintiffs-appellants.

Mary E. Hachenbracht, Deputy Atty. Gen., San Francisco, Cal., for defendants-appellees; Donatas Januta, Deputy Atty. Gen., San Francisco, Cal., on brief.

Before PREGERSON, FERGUSON and NORRIS, Circuit Judges.


FERGUSON, Circuit Judge:

The question raised by this appeal is whether the district court erred in dismissing plaintiffs' complaint on the ground that it reiterated claims presented to the state courts. The district court held the claims barred by res judicata. We hold that plaintiffs effectively failed to reserve their federal claims, and fully and freely litigated them in the state courts. We affirm.

I

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