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  5. 932 F.2d 842 (1991)
 

HAMMER v. GROSS

Nos. 87-6682, 88-5638.

932 F.2d 842 (1991)

Timothy HAMMER, Plaintiff-Appellee, v. Charles GROSS; Armando Zatarain; Newport Beach City, Defendants-Appellants, and Linda Delapena, et al., Defendant. Timothy HAMMER, Plaintiff-Appellant, v. Charles GROSS; Armando Zatarain; Newport Beach City, Linda Delapena et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 13, 1991.

Attorney(s) appearing for the Case

Stephen Yagman and Marion R. Yagman, Yagman & Yagman, P.C., Venice, Cal., for plaintiff-appellant, plaintiff-appellee.

Thomas J. Feeley, Burke, Williams & Sorenson, Los Angeles, Cal., for defendants-appellees, defendants-appellants.

Frederick R. Miller, Jr., Supervising Deputy Atty. Gen., State of Cal., San Diego, Cal., as amicus curiae for defendants-appellees, defendants-appellants.

Jeffrey Wertheimer, Rutan & Tucker, Costa Mesa, Cal., as amicus curiae for defendants-appellees, defendants-appellants.

Before GOODWIN, BROWNING, SCHROEDER, FARRIS, D.W. NELSON, CANBY, REINHARDT, BEEZER, KOZINSKI, THOMPSON and FERNANDEZ, Circuit Judges.

OPINION

CANBY, Circuit Judge, announcing the judgment of the Court and an opinion of which all but Section III and IV is that of the Court. Section III of Judge Canby's opinion is joined by Judges Schroeder, Farris, and Reinhardt; Section IV is joined by Judges Schroeder, Farris, D.W. Nelson and Kozinski:

Appellant Timothy Hammer brought this action under 42 U.S.C. § 1983, alleging that his constitutional rights...

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