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TOVAR v. BILLMEYER

No. 77-2929.

609 F.2d 1291 (1980)

Joseph TOVAR and Deborah Ann Moore, Plaintiffs-Appellants, v. C. G. BILLMEYER, Melvin Morgan, F. W. "Bill" Roskelley, John Evans, Les Purce, Donna Boe, Earl Pond, Wayne Ellis, and the City of Pocatello, an Idaho Municipal Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 10, 1980.

Attorney(s) appearing for the Case

Robert J. Hirsch, Hirsch & Shiner, P. C., Tucson, Ariz., for plaintiffs-appellants.

L. Charles Johnson, Pocatello, Idaho, for defendants-appellees.

Before TRASK and SNEED, Circuit Judges, and SOLOMON, District Judge.

SNEED, Circuit Judge:

Appellants Tovar and Moore appeal from a dismissal of their action against the appellees by the district court. The dismissal was based on a version of the abstention doctrine that the district court derived from Colorado River Water Conservation District v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976); Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746...

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