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SCHLEGEL v. BEBOUT

No. 86-3551.

831 F.2d 881 (1987)

Diana G. SCHLEGEL; and Central Pacific Freight Lines, an Oregon Corporation, Plaintiffs-Appellees, v. William BEBOUT; and Bob Russell, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 3, 1987.

Attorney(s) appearing for the Case

Elden M. Rosenthal, Portland, Or., for plaintiffs-appellees.

Michael D. Reynolds, Salem, Or., for defendants-appellants.

Before ANDERSON, TANG and NOONAN, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

William Bebout and Bob Russell (appellants) appeal the district court's denial of their motion to dismiss Schlegel's complaint, pursuant to Fed.R.Civ.P. 12(b). Appellants alleged that they were entitled to absolute immunity from suit for claims brought under 42 U.S.C. § 1983 based on their status as a Public Utilities Commission (PUC) Assistant Commissioner (Bebout) and a PUC Deputy Commissioner (Russell). We affirm.

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