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GOLDIE'S BOOKSTORE v. SUPER. CT. OF STATE OF CAL.

No. 83-2564.

739 F.2d 466 (1984)

GOLDIE'S BOOKSTORE, INC., a California Corporation, Foreign Auto-Body Specialists, Inc., Jesse Walker, Plaintiffs-Appellees, v. The SUPERIOR COURT OF the STATE OF CALIFORNIA, Robbie Waters, Sheriff of Sacramento County, Joyce Russell Smith, Clerk of the Sacramento Superior Court, Lee J. Ghilarducci, Marshal of Sacramento County, Defendants, and Richard Levin and Emily Levin, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 3, 1984.

Attorney(s) appearing for the Case

Jay-Allen Eisen, Sacramento, Cal., for plaintiffs-appellees.

Michael A. Duncheon, Hanson, Bridgett, Marcus, Vlahos & Stromberg, San Francisco, Cal., for defendants-appellants.

Before WRIGHT, HUG and NELSON, Circuit Judges.

NELSON, Circuit Judge:

Richard and Emily Levin obtained a state unlawful detainer judgment against Goldie's Bookstore. After the state court denied its request for a stay of the judgment pending appeal, Goldie's brought a section 1983 action in federal court to challenge the constitutionality of the California statute making stays discretionary, and to seek a preliminary injunction against enforcement of the state court judgment. The Levins appeal from the district...

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