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CASHMAN v. CITY OF COTATI

No. 03-15066.

374 F.3d 887 (2004)

Gene CASHMAN and Athena Sutsos, Plaintiffs-Appellants, v. CITY OF COTATI, a municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 15, 2004.

Attorney(s) appearing for the Case

R.S. Radford, Meriem L. Hubbard, and Harold E. Johnson, Pacific Legal Foundation, Sacramento, CA, for the appellants.

Donald R. Lincoln and Henry E. Heater, Endeman, Lincoln, Turek & Heater LLP, San Diego, CA, and Jeffrey A. Walter, Walter & Pistole, Sonoma, CA, for the appellee.

Before ALARCÓN, BEEZER, and W. FLETCHER, Circuit Judges.

BEEZER, Circuit Judge.

Appellants Gene Cashman and Athena Sutsos, both mobilehome park owners, allege that the rent control ordinance adopted by appellee City of Cotati, California ("the City") effects a regulatory taking in violation of the Fifth and Fourteenth Amendments to the United States Constitution. After granting their motion for summary judgment and entering judgment, the district court amended then vacated that judgment pursuant to Federal Rules of Civil...

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