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HOPKINS v. CITY OF SIERRA VISTA, ARIZ.

Nos. 89-15944, 89-16542.

931 F.2d 524 (1991)

Barry M. HOPKINS, Husband and Katie M. Hopkins, Wife, Plaintiffs-Appellants, v. CITY OF SIERRA VISTA, ARIZONA, a Body Politic, and Steven Gerhardt, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Memorandum March 6, 1991.

Order and Opinion May 2, 1991.

Attorney(s) appearing for the Case

Tony K. Behrens, Sierra Vista, Ariz. for plaintiffs-appellants.

Gerald F. Till, Fauver & Till, Sierra Vista, Ariz., for defendants-appellees.

Before HUG, BEEZER and BRUNETTI, Circuit Judges.

ORDER

The memorandum disposition filed March 6, 1991, is redesignated as an authored opinion by Judge Beezer.

BEEZER, Circuit Judge:

Barry and Katie Hopkins appeal the grant of summary judgment and the award of attorneys' fees in favor of the defendants in a civil rights action brought pursuant to 42 U.S.C. § 1983. We reverse and remand for trial on the question of liability and reverse the award of attorneys' fees.

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