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AMERICAN FIRE, THEFT & COLLISION MANAGERS, INC. v. GILLESPIE

No. 89-16210.

932 F.2d 816 (1991)

AMERICAN FIRE, THEFT & COLLISION MANAGERS, INC., d/b/a American Pacific Autoplan, Plaintiff-Appellant, v. Roxani M. GILLESPIE, Individually and as Insurance Commissioner for the State of California, and Jon Tomashoff, individually and as an Investigator of the Department of Insurance of the State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 8, 1991.

Attorney(s) appearing for the Case

Andrew Goodman, Rosner & Goodman, New York City, for plaintiff-appellant.

Robert E. Murphy, Deputy Atty. Gen., San Francisco, Cal., for defendants-appellees.

Before FLETCHER, NORRIS and TROTT, Circuit Judges.

FLETCHER, Circuit Judge:

Plaintiff American Fire, Theft & Collision Managers, Inc., d/b/a American Pacific Autoplan ("American Fire"), appeals the dismissal by summary judgment of its 42 U.S.C. § 1983 action against Roxani Gillespie and Jon Tomashoff, officials of the State of California. The district court granted the defendants' motion for summary judgment on the ground that they were entitled to qualified immunity. Because the defense of qualified immunity...

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