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KRL v. MOORE

Nos. 02-15296, 02-15297.

384 F.3d 1105 (2004)

KRL, a California general partnership; Roland Womack; Nadine Womack; Larry Dwight Womack; Luke Womack; Renee Womack, Plaintiffs-Appellees, v. Russell MOORE; David J. Irey; Amador County; State of California, Defendants, and Todd D. Riebe; Ron Hall, Defendants-Appellants. KRL, a California general partnership; Roland Womack; Nadine Womack; Larry Dwight Womack; Luke Womack; Renee Womack, Plaintiffs-Appellees, v. Russell Moore; Todd D. Riebe; Ron Hall; Amador County; State of California, Defendants, and David J. Irey, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted September 27, 2004.

Filed September 27, 2004.

Attorney(s) appearing for the Case

David S. Womack, Johnson Schacther & Collins, Sacramento, CA, for defendants-appellants Riebe and Hall; William S. Scott, Scott, Nichols & Matteucci, Stockton, CA, for defendant-appellant Irey.

Steven E. Moyer, Rein Evans & Sestanovich, Los Angeles, CA, for plaintiffs-appellees KRL, et al.

Before: GOODWIN, TASHIMA, and WARDLAW, Circuit Judges.

GOODWIN, Circuit Judge:

Defendants Todd Riebe, Ron Hall and David Irey appeal the district court's denial of summary judgment, contending that they are entitled to immunity from the action brought by KRL, a California general partnership, and several members of the Womack family (together with KRL, "Plaintiffs").

BACKGROUND

In April 1998, KRL purchased a defunct gasoline station in Jackson, California, in order to convert the real property into a...

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