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HUTCHINSON v. GRANT

No. 85-2154.

796 F.2d 288 (1986)

James L. HUTCHINSON, Plaintiff/Appellant, v. John GRANT, Does One Through Ten, individually and in their official capacity as Police Officers of the Town of Hillsborough, California, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 5, 1986.

Attorney(s) appearing for the Case

Merrill G. Emerick, Manaco, Anderlini & Finkelstein, San Mateo, Cal., for plaintiff/appellant.

Steven C. Wolan, Patton, Wolan & Boxer, Oakland, Cal., for defendants/appellees.

Before PREGERSON, POOLE, and JOHN T. NOONAN, Jr., Circuit Judges.

NOONAN, Circuit Judge.

Dr. James Hutchinson appeals from a summary judgment entered against him in a civil rights action brought by him under 42 U.S.C. §§ 1983 and 1985(3) against Officer John Grant and the Town of Hillsborough. We affirm the judgment as to Hillsborough and reverse and remand as to Officer Grant.

Undisputed Events. At 8:00 p.m. on the evening of June 25, 1983 Dr. James Hutchinson, a resident of Hillsborough for twenty years...

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