Attorney(s) appearing for the Case
Floyd Abrams, Cahill, Gordon & Reindel, New York City, for plaintiffs-appellants/cross-appellees.
James M. Johnson, Asst. Atty. Gen., Olympia, Wash., Michael P. McDonald, American Legal Foundation, Washington, D.C., for defendants-appellees/cross-appellants.
Before FARRIS, ALARCON and NORRIS, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
As Amended on Denial of Rehearing and Rehearing En Banc April 2, 1985.
This matter is before us as an expedited appeal.
We must decide whether the district court erred in entering summary judgment on its own motion in this matter in favor of the State of Washington. We conclude that the district court acted improvidently because material issues of fact remain unresolved. There are also questions of law upon which we are reluctant to rule...
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