WILSON v. CITY OF SAN JOSE

No. 95-56565.

111 F.3d 688 (1997)

Pete WILSON, in his official capacity as Governor of the State of California; Kimberly Belshe, in her official capacity as Director of the State Department of Health Services; and Eloise Anderson, in her official capacity as Director of the State Department of Social Services, Plaintiffs-Appellees, v. CITY OF SAN JOSE; City of Los Angeles, et al., Defendants, and California League of United Latin American Citizens, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 15, 1997.


Attorney(s) appearing for the Case

Thomas A. Saenz, Mexican American Legal Defense and Educational Fund, Los Angeles, CA, for defendant-appellant.

Charlton G. Holland, III, Assistant Attorney General, San Francisco, CA, for plaintiffs-appellees.

Before: BROWNING and KLEINFELD, Circuit Judges, and MERHIGE, Senior District Judge.


MERHIGE, Senior District Judge:

Defendant-Appellant California League of United Latin American Citizens ("LULAC") appeals the order of the district court denying LULAC's Rule 60(b) Motion To Strike Plaintiff-Appellees Wilson, Belshe, and Anderson's ("the State Officers") Rule 41(a)(1) Notice of Dismissal. For the reasons which follow, the court affirms the decision of the district court.

I.

In January 1995, the State Officers filed a complaint for...

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