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McMICHAEL v. COUNTY OF NAPA

No. 81-4582.

709 F.2d 1268 (1983)

Paul McMICHAEL and Joseph A. Nichelini, Plaintiffs-Appellants, v. COUNTY OF NAPA and Napa County Board of Supervisors, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 16, 1983.

Attorney(s) appearing for the Case

Barbara B. Parrish, C. Blaine Morley, Joseph M. Gughemetti, Morley & Gughemetti, Palo Alto, Cal., for plaintiffs-appellants.

Marc B. Mihaly, Shute, Mihaly & Weinberger, San Francisco, Cal., for defendants-appellees.

Before WALLACE, KENNEDY, and NELSON, Circuit Judges.

WALLACE, Circuit Judge:

Paul McMichael and Joseph A. Nichelini (McMichael) brought suit to challenge the countywide vote on Initiative Measure A, a slow-growth ordinance applying only to the unincorporated area of Napa County, California. This is an appeal from the district judge's order dismissing McMichael's complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. The district court's jurisdiction...

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