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DORADO v. KERR

No. 26039.

454 F.2d 892 (1972)

Robert DORADO, on behalf of all others similarly situated, Appellant, v. Henry W. KERR, Chairman, California Adult Authority, in his official capacity, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 20, 1972.

Attorney(s) appearing for the Case

B. E. Bergesen, III (argued), of Youth Law Center, San Francisco, Cal., Armando M. Menocal, III, Michael S. Sorgen, of San Francisco Neighborhood Legal Assistance Foundation, San Francisco, Cal., for appellant.

Nelson P. Kempsky, Deputy Atty. Gen. (argued), Evelle J. Younger, Atty. Gen. of Cal., Edsel W. Haws, Edward A. Hinz, Jr., Deputy Atty. Gens., Sacramento, Cal., for appellee.

Before HAMLEY and KILKENNY, Circuit Judges, and FERGUSON, District Judge.

HAMLEY, Circuit Judge.

In this civil rights class action plaintiff, Robert Dorado, sought to convene a three-judge district court pursuant to 28 U.S.C. §§ 2281 and 2284, in an effort to obtain injunctive and declaratory relief concerning certain statewide procedures of the California Adult Authority (Authority). Defendant Henry W. Kerr, Chairman of the Authority, filed alternative motions to dismiss and for summary judgment, on three grounds: (1) plaintiff...

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