WHITE v. McGINNIS

No. 86-2208.

903 F.2d 699 (1990)

Edward Allen WHITE, Plaintiff/Appellant, v. Wayne McGINNIS, Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 16, 1990.


Attorney(s) appearing for the Case

John R. Hannah, Meyer, Hendricks, Victor, Osborn & Maledon, Phoenix, Ariz., for plaintiff/appellant.

Thomas J. Dennis, Asst. Atty. Gen., Phoenix, Ariz., for defendant/appellee.

Before GOODWIN, Chief Judge, BROWNING, WALLACE, HUG, SCHROEDER, FLETCHER, ALARCON, HALL, BRUNETTI, KOZINSKI, and FERNANDEZ, Circuit Judges.


Argued En Banc and Submitted October 12, 1989.

CYNTHIA HOLCOMB HALL, Circuit Judge:

This is a section 1983 action involving the interpretation of Rules 38(d) and 39(a) of the Federal Rules of Civil Procedure. We took this case en banc to reconsider this circuit's literal approach to those rules in Palmer v. United States, 652 F.2d 893 (9th Cir.1981). We now overrule Palmer and hold that knowing participation...

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