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BRETZ v. KELMAN

No. 82-3111.

773 F.2d 1026 (1985)

L.R. BRETZ, Plaintiff-Appellant, v. Zollie KELMAN, Jack R. Lande, Eugene R. Welborn, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 8, 1985.

Attorney(s) appearing for the Case

L.R. Bretz, Billings, Mont., Morton P. Cohen, San Francisco, Cal., for plaintiff-appellant.

Gregory H. Warner, Graybill, Ostrem, Warner & Crotty, Great Falls, Mont., for defendants-appellees.

Before BROWNING, Chief Judge, and GOODWIN, HUG, TANG, SKOPIL, SCHROEDER, FARRIS, ALARCON, FERGUSON, CANBY and REINHARDT, Circuit Judges.

Argued En Banc and Submitted July 11, 1984.

GOODWIN, Circuit Judge

Appellant challenges the dismissal for failure to state a claim of his action alleging a conspiracy among police, prosecutors and personal enemies to accuse and prosecute him falsely for burglary. We reverse the judgment and remand for further proceedings.

Bretz alleges that the defendants, by means of false testimony, perjury and other prosecutorial misconduct denied him bail on unrelated...

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