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O'NEIL v. CITY OF LAKE OSWEGO

Nos. 79-4123, 79-4124.

642 F.2d 367 (1981)

Peggy Jane O'NEIL, Plaintiff-Appellant, v. CITY OF LAKE OSWEGO, a municipal corporation et al., Defendants, and William C. Martin and Robert M. Coleman, Defendants-Appellees. Peggy Jane O'NEIL, Plaintiff-Appellee, v. CITY OF LAKE OSWEGO, a municipal corporation et al., Defendants, and William C. Martin, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 20, 1981.

Attorney(s) appearing for the Case

Jerome E. LaBarre, P.C., Bruce MacGregor Hall, P.C., Glasgow, La., Barre & Kelly, Portland, Or., for plaintiff-appellant.

Samuel C. Justice, Portland, Or., argued, James H. Gidley, Cosgrave & Kester, Portland, Or., on brief, for defendants-appellees.

Before CHOY, KENNEDY and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

Plaintiff prevailed in district court in a civil rights action against an Oregon pro tem municipal judge who found her in contempt. We reverse on the basis of judicial immunity. On plaintiff's cross-appeal, we also reverse and remand the issue of attorney's fees recovered from a co-defendant.

I

On February 6, 1976, plaintiff Peggy Jane O'Neil was cited for driving without a license...

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