RUTLEDGE v. ARIZONA BD. OF REGENTS

No. 87-2074.

859 F.2d 732 (1988)

Kevin RUTLEDGE, Plaintiff-Appellant, v. ARIZONA BOARD OF REGENTS, Arizona State University, et al., Defendants, and Gary Horton, an individual; and Frank Kush, an individual, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 14, 1988.


Attorney(s) appearing for the Case

Jeffrey M. Koontz and Michael R. Glover, Stockton & Hing, Scottsdale, Ariz., for plaintiff-appellant.

Ronald J. Greenhalgh, Asst. Atty. Gen., and Robert J. Gibson, Heidi L. McNeil and Nancy E. Bronson, Snell & Wilmer, Phoenix, Ariz., for defendants-appellees.

Before BROWNING, HUG and TROTT, Circuit Judges.


HUG, Circuit Judge:

I.

Kevin Rutledge appeals the dismissal of his claim under 42 U.S.C. § 1985(2) for failure to show compensable injury. We must decide whether a conspiracy to intimidate witnesses to an action in federal court can cause injury cognizable under section 1985(2) when the action is dismissed before trial on purely legal grounds, unrelated to any evidence or testimony those witnesses might furnish at trial or in discovery proceedings....

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