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  5. 746 F.Supp. 987 (1990)
 

REESE v. CITY OF EMERYVILLE FIRE DEPT.

No. C-89-1316-VRW.

746 F.Supp. 987 (1990)

Richard Earl REESE, Plaintiff, v. CITY OF EMERYVILLE FIRE DEPARTMENT, City of Emeryville, Ray Vittori, Defendants.

United States District Court, N.D. California.

August 30, 1990.

Attorney(s) appearing for the Case

David S. Handsher, B.V. Yturbide, Hilda Scheib, San Francisco, Cal., for plaintiff.

Anne S. Haden, Michael G. Biddle, Office of the City Atty., City of Emeryville, Joel Zeldin, James F. Goodfellow, Dinkelspiel, Donovan & Reder, San Francisco, Cal., for defendants.

ORDER

WALKER, District Judge.

Plaintiff moves for reconsideration of the order filed June 28, 1990 dismissing the second and third causes of action. In that order, the court noted that the amended complaint was never filed. Plaintiff contends, however, that his amended complaint was filed on December 5, 1989, and that recognition of this fact requires vacating the June 28 order and exercising pendent jurisdiction over plaintiff's state law claims.

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