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RUTHERFORD v. CITY OF BERKELEY

No. 83-1853.

780 F.2d 1444 (1986)

Thomas R. RUTHERFORD, Plaintiff-Appellant, v. CITY OF BERKELEY, et al., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 21, 1986.

Attorney(s) appearing for the Case

Ronald Steven Mintz, Pomona, Cal., for plaintiff-appellant.

Randolph Hall, Berkeley, Cal., for defendant-appellee.

Before ANDERSON, SKOPIL and POOLE, Circuit Judges.

POOLE, Circuit Judge:

Thomas R. Rutherford appeals from the district court's grant of a directed verdict in favor of defendants on his claim under 42 U.S.C. § 1983 (1982) and related pendent state claims for lack of sufficient evidence. We reverse the judgment and remand for further proceedings.

On March 14, 1980, Rutherford and his common-law wife, Diana Rutherford, were visiting a friend, Lee Pfleiderer, in Pfleiderer's room in a Berkeley residence...

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