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STOREK & STOREK, INC. v. PORT OF OAKLAND

No. 88-1733.

869 F.2d 1322 (1989)

STOREK & STOREK, INC., a California corporation; Richard Storek; Glenn Storek, individually and in their representative capacity as general partners of Storek & Storek, Plaintiffs-Appellees, v. PORT OF OAKLAND, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 13, 1989.

Attorney(s) appearing for the Case

Cedric C. Chao, Morrison & Foerster, San Francisco, Cal., for defendant-appellant.

Christopher J. Hunt, Keker & Brockett, San Francisco, Cal., for plaintiffs-appellees.

Before SNEED and NOONAN, Circuit Judges, and WILSON, District Judge.

NOONAN, Jr., Circuit Judge:

Storek & Storek, Richard Storek and Glenn Storek (Storek) brought suit against the Port of Oakland (the Port). Jurisdiction existed under 42 U.S.C. § 1983. The district court denied summary judgment for the Port but certified two questions for interlocutory appeal to this court. We answer both negatively to the contentions of the Storeks and direct the district court to enter judgment for the Port on its motion for summary judgment...

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