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SAIN v. CITY OF BEND

No. 00-36033.

309 F.3d 1134 (2002)

Michael SAIN; Ryan White; Lori J. Sain, personally and as next friend for Crystal Sain, Plaintiffs-Appellants, v. CITY OF BEND; Buck Church; Tom Pine; Al Campbell, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 29, 2002.

Attorney(s) appearing for the Case

Mikel R. Miller, Bend, OR, for the plaintiffs-appellants.

Robert E. Franz, Jr., Springfield, OR, for defendants-appellees City of Bend, Buck Church, and Tom Pine.

Robert S. Wagner, Miller & Wagner LLP, Portland, OR, for defendant-appellee Al Campbell.

Before: FERGUSON, W. FLETCHER, Circuit Judges, and KING, District Judge.

Opinion by Judge WILLIAM A. FLETCHER; Concurrence by Judge KING.

WILLIAM A. FLETCHER, Circuit Judge.

Plaintiffs filed an action under 42 U.S.C. § 1983 in federal district court, and the court dismissed on the ground that plaintiffs' complaint was barred by the two-year statute of limitations under Or.Rev.Stat. § 30.275. We reverse on two independently sufficient grounds. First, we hold that plaintiffs' complaint was timely filed because

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