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McDOUGAL v. COUNTY OF IMPERIAL

No. 90-55774.

942 F.2d 668 (1991)

Donald C. McDOUGAL, Joyce R. McDougal, Donald C. McDougal, Jr., Plaintiffs-Appellants, v. COUNTY OF IMPERIAL, John Kennerson, James Bucher, Tunney Williams, Herman Sperber, David Stump, David E. Pierson and Does 1 through 50, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated March 11, 1991.

Resubmitted July 2, 1991.

Decided August 20, 1991.

Attorney(s) appearing for the Case

Susan J. Boyle, McDougal and Associates, La Jolla, Cal., for plaintiffs-appellants.

Michael T. Gibbs, David E. Czelusniak, Amy B. Vandeveld, Gibbs, Eppsteiner & Stagg, San Diego, Cal., for defendants-appellees.

Before CANBY and RYMER, Circuit Judges, and WARE, District Judge.

RYMER, Circuit Judge:

This case involves a long-standing dispute over rights to use property and the right to regulate its use.

Donald C. McDougal, Joyce R. McDougal, and Donald C. McDougal, Jr. have sued the County of Imperial for civil rights violations under 42 U.S.C. §§ 1983 & 1985(3) and for inverse condemnation. The district court dismissed their complaint under Fed.R.Civ.P. 12(b)(6), holding that the § 1983 and § 1985(3) claims...

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