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PEARL INV. CO. v. CITY & CTY. OF SAN FRANCISCO

No. 84-2345.

774 F.2d 1460 (1985)

PEARL INVESTMENT COMPANY, a California partnership, Plaintiff-Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, a Municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 29, 1985.

Attorney(s) appearing for the Case

Margaret A. Finn, Guadalupe Gamino, Finn & Gamino, San Francisco, Cal., Charles L. Siemon, Brian W. Blaesser, Siemon, Larsen & Purdy, Chicago, Ill., for plaintiff-appellant.

Paula Jesson and Melba Yee, Deputy City Attys., San Francisco, Cal., for defendant-appellee.

Before ANDERSON and CANBY, Circuit Judges, and REA, District Judge.

CANBY, Circuit Judge:

Pearl Investment Company (Pearl) brought this civil rights action against the City and County of San Francisco (City) alleging that the City Planning Commission (Commission) violated the fifth and fourteenth amendments in acting upon a building permit application filed by Pearl. The sole issue on appeal is whether the district court abused its discretion in postponing the exercise of its jurisdiction pursuant to the Pullman abstention...

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