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GRAY v. RAINES

No. 79-2717.

662 F.2d 569 (1981)

Robert Dale GRAY, Plaintiff-Appellant, v. Robert RAINES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted March 30, 1981.

Decided November 23, 1981.

Rehearing and Rehearing Denied February 10, 1982.

Attorney(s) appearing for the Case

Richard M. Barnett, San Diego, Cal., for plaintiff-appellant.

William J. Schafer, Phoenix, Ariz. (argued), for defendant-appellee; Gerald R. Grant, Asst. Atty. Gen., Phoenix, Ariz., on brief.

Before DUNIWAY and TANG, Circuit Judges, and ROBERT J. McNICHOLS, District Judge.

Rehearing and Rehearing En Banc Denied February 10, 1982.

ROBERT J. McNICHOLS, District Judge:

Gray was convicted in Arizona state court of second degree or "statutory" rape under A.R.S. § 13-611(B). He argues on this appeal that the Arizona statutory rape law (since repealed) under which he was convicted discriminated against males and therefore violated the Equal Protection Clause of the United States Constitution. He also argues that, because he was...

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