ST. CLAIR v. CITY OF CHICO

No. 88-2504.

880 F.2d 199 (1989)

William ST. CLAIR; John Shelton, Plaintiffs-Appellants, v. CITY OF CHICO; County of Butte, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 13, 1989.


Attorney(s) appearing for the Case

Daniel R. Shulman, Minneapolis, Minn., for plaintiffs-appellants.

Fran Layton, Shute, Mihaly & Weinberger, San Francisco, Cal., for defendant/appellee County of Butte.

Carolee Kilduff, Bolling, Walter & Gawthrop, Sacramento, Cal., for defendant/appellee City of Chico.

Before POOLE, BOOCHEVER and WIGGINS, Circuit Judges.


WIGGINS, Circuit Judge:

Appellants William St. Clair and John Shelton timely appeal an order of the district court dismissing their complaint because it considered their claims not ripe for adjudication. Appellants assert that the district court erred both in its legal conclusion and in basing its decision on facts not alleged in the complaint, at least without first permitting discovery. The district court had jurisdiction of this case pursuant to 28 U.S.C. §...

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