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McSHERRY v. CITY OF LONG BEACH

No. 03-57064.

423 F.3d 1015 (2005)

Leonard McSHERRY, Plaintiff-Appellant, v. CITY OF LONG BEACH; Long Beach Police Department; Norman Turley, Officer; Carthel S. Roberson, in his individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2005.

As Amended October 27, 2005.

Attorney(s) appearing for the Case

Mark A. Borenstein, Overland & Borenstein, Los Angeles, CA, for the plaintiff-appellant.

Noland C. Hong (argued), Michael M. Mullins (on the briefs), Brown, Winfield & Canzoneri, Los Angeles, CA, for the defendants-appellees.

Before: FARRIS, D.W. NELSON, and TALLMAN, Circuit Judges.

D.W. NELSON, Circuit Judge:

Leonard McSherry appeals the district court's order granting defendant City of Long Beach's ("City's") motion for judgment as a matter of law under Federal Rule of Civil Procedure 50. The court granted defendant's motion on the first day scheduled for trial, prior to the presentation of any evidence in the case. We conclude that the motion was inappropriately granted, and accordingly reverse and remand the decision.

McSherry also...

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