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GOWIN v. ALTMILLER

No. 78-2744.

663 F.2d 820 (1981)

Paul W. GOWIN and Louise A. Gowin, Appellants, v. Leroy ALTMILLER, Harry Capaul, Carl Finke, Gerald Finke and Finke Lumber Company, Inc., Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 23, 1981.

Attorney(s) appearing for the Case

F. G. Fancher, Spokane, Wash., argued for appellants; Leslie T. McCarthy, Lewiston, Idaho, on brief.

William J. Russell, Boise, Idaho, argued for appellees; William A. Stellmon, Lewiston, Idaho, on brief.

Before ALARCON and CANBY, Circuit Judges, and HOFFMAN, Senior District Judge.

CANBY, Circuit Judge.

Appellants Paul and Louise Gowin sued appellees for violation of 42 U.S.C. § 1983 and appellees Carl and Gerald Finke and Finke Lumber Co. for malicious prosecution and abuse of process. The district court granted summary judgment in favor of the Finkes on all three causes of action, and dismissed the § 1983 claim against Leroy Altmiller and Harry Capaul. Gowin v. Altmiller, 455 F.Supp. 743

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