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SINALOA LAKE OWNERS ASS'N v. CITY OF SIMI VALLEY

No. 92-56399.

70 F.3d 1095 (1995)

SINALOA LAKE OWNERS ASSOCIATION; Robert A. Ain; Diantha Ain; Leonard Bellenson; Ann Bellenson, et al., Plaintiffs-Appellants, v. CITY OF SIMI VALLEY, Defendant, and Roger Stephenson; James Doody; Vernon H. Persson; David Jacinto; James E. Ley; Howard McEwan, executor of the Estate of Sheldon McEwan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 30, 1995.

Attorney(s) appearing for the Case

Mark Schaeffer, Fadem & Douglas, Los Angeles, California, for plaintiffs-appellants.

Thomas A. Freiberg, Jr., and David A. Buchen, Fulbright & Jaworski, Los Angeles, California, for defendants-appellees.

Before: HUG, WIGGINS, and NOONAN, Circuit Judges.

HUG, Circuit Judge:

This appeal concerns a 42 U.S.C. § 1983 action against state officials for breaching a private dam and the consequent draining of a private lake. The dam was breached by officials of the California Division of Safety of Dams ("DSOD") because they believed it was in a damaged condition and dangerous to the homeowners downstream. The DSOD is responsible for inspecting non-federally owned dams in California. At the close of the presentation of...

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