PATEL v. CITY OF SAN BERNARDINO

No. 01-55280.

310 F.3d 1134 (2002)

Pravin D. PATEL; Aruna P. Patel; Sanjay Patel; Harivandan P. Patel; Hansa Patel; Amrut N. Patel; Sita Patel; Jayesh Patel; Suresh Patel; Mahesh Patel; Bhavabhai Patel; Vibhakar B. Patel; Mahendra Patel; Vimalaben V. Patel; Markan Thakar; Chandravadan K.P. Shastri; Pushpa C. Shastri; Vijay K. Shastri; Bhagwatiben V. Shastri; Rajendra Shastri; Anita Shastri, Plaintiffs-Appellants, v. CITY OF SAN BERNARDINO, a Municipal Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 13, 2002.


Attorney(s) appearing for the Case

Frank A. Weiser, Los Angeles, CA, for the plaintiffs-appellants.

James F. Penman, City Attorney, and Robert L. Simmons, Sr., Assistant City Attorney, San Bernardino, CA, for the defendant-appellee.

Before: BROWNING, THOMAS and RAWLINSON, Circuit Judges.


JAMES R. BROWNING, Circuit Judge.

Pravin D. Patel and twenty other named plaintiffs sued the city of San Bernardino, California for damages stemming from the city's enforcement of an unlawful tax. The district court dismissed the complaint for lack of jurisdiction. We affirm in part, reverse in part, and remand.

I.

The plaintiffs are owners and operators of hotels in the city of San Bernardino. The city imposed a "transient occupancy tax" on certain...

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