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OSCAR v. UNIVERSITY STUDENTS CO-OP. ASS'N

No. 90-15750.

965 F.2d 783 (1992)

Ruth E. OSCAR; Charles Spinosa, Plaintiffs-Appellants, v. UNIVERSITY STUDENTS CO-OPERATIVE ASSOCIATION; George Proper, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 4, 1992.

Attorney(s) appearing for the Case

Donald P. Driscoll, San Francisco, Cal., for plaintiffs-appellants.

Ephraim Margolin, Margolin, Arguimbau & Battson, San Francisco, Cal., for defendants-appellees.

Before: WALLACE, Chief Judge, and HUG, SCHROEDER, ALARCON, POOLE, D.W. NELSON, BRUNETTI, NOONAN, THOMPSON, RYMER, and KLEINFELD, Circuit Judges.

Argued and Submitted En Banc February 20, 1992.

D.W. NELSON, Circuit Judge:

Plaintiffs Ruth Oscar and Charles Spinosa (collectively Oscar) rented apartments in Berkeley near Barrington Hall, a student co-operative run by defendant University Students Co-Operative Association (USCA). Angered by a wide range of unneighborly behavior on the part of Barrington residents, including drug dealing, Oscar sued USCA and all the residents of Barrington Hall. Oscar claimed...

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