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NORTHWESTERN NAT. LIFE INS. CO. v. JORDAN

Civ. No. 77-174 BRT.

447 F.Supp. 856 (1978)

NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY, a corporation, W. J. Small, and William I. Cohen, on behalf of themselves and all other holders of Round Hill General Improvement District Bonds, Plaintiffs, v. James J. JORDAN, Joe L. Bensinger, James Henry, Thomas Stewart, John Wynn, Kenneth Kjer, Jean Stoess, Thomas Cooke, Huey Johnson, Kenneth Woodward, Norman Hall and John Meder, all of the foregoing being members of the Governing Body of the Tahoe Regional Planning Agency, Round Hill General Improvement District, and B-Neva, Inc., Defendants.

United States District Court, D. Nevada.

March 20, 1978.

Attorney(s) appearing for the Case

William H. McNeil, Reno, Nev., Harold E. Rogers, Jr. & Associates, Harold E. Rogers, Jr., San Francisco, Cal., for plaintiffs.

Breen, Young, Whitehead, Terzich & Belding, C. Clifton Young, Reno, Nev., for B-Neva.

Eck, Harkins & Beckett, Ltd., F. Thomas Eck, III, Carson City, Nev., Sanford, Sanford & Mousel, Charles M. McGee, Reno, Nev., for Round Hill General Improvement District.

Owen & Rollston, Gary A. Owen, South Lake Tahoe, Cal., for Tahoe Regional Planning Agency.

ORDER

BRUCE R. THOMPSON, District Judge.

On October 28, 1977, defendant Tahoe Regional Planning Agency (hereinafter TRPA) filed a motion to dismiss the complaint in the above-entitled action pursuant to Rule 12(b)(6), F.R.C.P., for failure to state a claim upon which relief can be granted. In the interim, the Court of Appeals for the Ninth Circuit pronounced its opinion in Jacobson v. Tahoe Regional Planning Agency, 558 F.2d 928

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