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KIRK v. PEOPLE OF STATE OF CALIFORNIA

No. C-82-6732 SAW.

634 F.Supp. 966 (1986)

Harry KIRK, Plaintiff, v. PEOPLE OF the STATE OF CALIFORNIA, et al., Defendants.

United States District Court, N.D. California.

May 29, 1986.

Attorney(s) appearing for the Case

Edward Chen, American Civil Liberties Union, San Francisco, Cal., for plaintiff.

George Agnost, City Atty., Paul M. Hagan, Deputy City Atty., San Francisco, Cal., for defendants.

ORDER GRANTING RELIEF FROM JUDGMENT

WEIGEL, District Judge.

On May 29, 1986, the Court heard defendants' motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(6).

The Court finds that defendants' motion to dismiss and the Court's September 5, 1984 Memorandum and Order granting the motion to dismiss relied primarily on Bretz v. Kelman, 722 F.2d 503 (9th Cir.1983), a panel decision which...

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