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MALONE v. CITY OF POWAY

No. 82-5141.

746 F.2d 1375 (1984)

Edward C. MALONE, et al., Plaintiffs-Appellants, v. CITY OF POWAY, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred July 22, 1983.

Resubmitted April 10, 1984.

Decided November 6, 1984.

Attorney(s) appearing for the Case

Donald Worley, Thomas C. Nelson, McDonald, Hecht, Worley & Solberg, San Diego, Cal., for plaintiffs-appellants.

David C. Holdway, III, McCormick & Royce, San Diego, Cal., for defendants-appellees.

Before KENNEDY, TANG and FERGUSON, Circuit Judges.

TANG, Circuit Judge:

Plaintiff-appellant Malone appeals the dismissal of his action pursuant to Fed.R.Civ.P. 12(b)(6), for failure to state a claim.

Malone brought a damages action against defendants, certain members of the City Council of Poway and the city attorney of the City of Poway, under 42 U.S.C. § 1983 (deprivation of civil rights under color of state law) and 42 U.S.C. § 1985(3) (conspiracy to deprive another of civil rights), for failing...

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