Opinion · Court of Appeals for the Ninth Circuit

Bob Lokey v. H. L. Richardson, Etc.

Bob Lokey v. H. L. Richardson, Etc., 540 F.2d 1022 (9th Cir. 1976)

Type: Opinion
Court: Court of Appeals for the Ninth Circuit
Jurisdiction: Federal
Date: 1976-09-09
Topic: general

ORDER Because the legal and factual considerations relevant to the decision of this case’ in light of Montanye v. Haymes, - U.S. -, 96 S.Ct. 2543, 49 L.Ed.2d-(1976), and Meachum v. Fano, -U.S. -, 96 S.Ct. 2532, 49 L.Ed.2d-(1976), were not addressed by the parties or the district court, the summary judgment, reversed by the Court of Appeals, 9 Cir., 527 F.2d 949, with certiorari granted by the Supreme Court, - U.S. -, 96 S.Ct. 3186, 49 L.Ed.2d -, is vacated and the cause remanded for further proceedings consistent with those decisions.

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Cited by: 2 opinions

LOKEY v. RICHARDSON,540 F.2d 1022(9th Cir. 1976)

BOB LOKEY ET AL., PLAINTIFFS-APPELLANTS, v. H. L. RICHARDSON, ETC., ET AL.,

DEFENDANTS-APPELLEES.

No. 74-1256.

United States Court of Appeals, Ninth Circuit.

September 9, 1976.

Bob Lokey in pro per.

Evelle J. Younger, Atty. Gen. of Cal., San Francisco, Cal., for defendants-appellees.

Appeal from the United States District Court for the Northern District of California.

[1] ORDER

Before BROWNING, ELY and ANDERSON, Circuit Judges.

[2] Because the legal and factual considerations relevant to the decision of this case in light ofMontanye v. Haymes,___ U.S. ___, 96 S.Ct. 2543, 49 L.Ed.2d ___ (1976), andMeachum v. Fano,___ U.S. ___, 96 S.Ct. 2532, 49 L.Ed.2d ___ (1976), were not addressed by the parties or the district court, the summary judgment, reversed by the Court of Appeals, 9 Cir.,527 F.2d 949, with certiorari granted by the Supreme Court, ___ U.S. ___, 96 S.Ct. 3186, 49 L.Ed.2d ___, is vacated and the cause remanded for further proceedings consistent with those decisions.