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MOSHER v. KANE

No. 84-6318.

784 F.2d 1385 (1986)

Robert E. MOSHER and William W. Martin, individually and on behalf of all other persons similarly situated, Plaintiffs-Appellants, v. William Everett KANE and Barbara Jean Kelly, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 17, 1986.

Attorney(s) appearing for the Case

Richard L. Noble, Stephen W. Holohan, Los Angeles, Cal., for plaintiffs-appellants.

Michael L. Thornburg, Louis M. Meisinger, Hill, Wynne, Troop & Meisinger, Los Angeles, Cal., for defendants-appellees.

Before BARNES, GOODWIN and BOOCHEVER, Circuit Judges.

BARNES, Senior Circuit Judge:

Robert E. Mosher ("Mosher") and William W. Martin ("Martin") appeal from the district court's dismissal of their complaint for failure to state a claim upon which relief can be granted, under Fed.R.Civ.P. 12(b)(6). We have jurisdiction under 28 U.S.C. § 1291 and we reverse the dismissal of this action.

I. FACTS

The basic facts underlying the filing of this action have...

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