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McKENZIE v. CITY OF MILPITAS

No. C-88-20718 RPA.

738 F.Supp. 1293 (1990)

Lucille A. McKENZIE, et al., Plaintiffs, v. The CITY OF MILPITAS, et al., Defendants.

United States District Court, N.D. California.

May 21, 1990.

Attorney(s) appearing for the Case

Jeannine M. Ushana, Amos & Ushana, San Francisco, Cal., for plaintiffs.

Gregory M. Fox, Bertrand, Fox, Elliot & Cohn, Larkspur, Cal., for defendants.

AMENDED ORDER FOR PUBLICATION

AGUILAR, District Judge.

INTRODUCTION

Defendants, the City of Milpitas ("the City") and Milpitas Police Chief Frank Acosta ("Chief Acosta") bring this motion to dismiss, or, alternatively, for summary judgment, based on their allegations that plaintiffs have not stated actionable claims under 42 U.S.C. §§ 1981 and 1983, and that the evidence demonstrates that neither the City nor Chief Acosta violated plaintiffs...

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