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CANLIS v. SAN JOAQUIN SHERIFF'S POSSE COMITATUS

No. 78-3134.

641 F.2d 711 (1981)

Michael N. CANLIS, Sheriff-Coroner, County of San Joaquin; et al., Plaintiffs-Appellants, v. SAN JOAQUIN SHERIFF'S POSSE COMITATUS; Francis Gillings; Norman Brown; George Hill; Steven Gillings; Ernest Perry; Michael Eugene Brown; Lewis Daniel Elam; Frank Ray; Rufus Shackleford; Western Tomato Growers and Shippers, Inc.; Stockton Tomato Company, Inc.; and Southern Pacific Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 6, 1981.

Rehearing and Rehearing Denied May 28, 1981.

Attorney(s) appearing for the Case

Gary M. Messing, Carroll, Burdick & McDonough, San Francisco, Cal., for plaintiffs-appellants.

George J. Tichy, II, San Francisco, Cal., for defendants-appellees; J. Michael Phelps, Littler, Mendelson, Fastiff & Tichy, P.C., San Francisco, Cal., Suzanne Trimble, Memering & DeMers, Sacramento, Cal., on brief.

Before WRIGHT and TANG, Circuit Judges, and GRANT, Senior District Judge.

Rehearing and Rehearing En Banc Denied May 28, 1981.

GRANT, Senior District Judge:

This is an appeal from an Order of the United States District Court for the Eastern District of California dismissing a civil rights action brought pursuant to 42 U.S.C. §§ 1983, 1985.1 The question before this court is whether the district court erred in dismissing the complaint for failure to state a claim upon which relief could be granted...

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