540 F2d 1022 Lokey v. H L Richardson

540 F.2d 1022

Bob LOKEY et al., Plaintiffs-Appellants,
H. L. RICHARDSON, etc., et al., Defendants-Appellees.

No. 74-1256.

United States Court of Appeals,
Ninth Circuit.

Sept. 9, 1976.

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


Before BROWNING, ELY and ANDERSON, Circuit Judges.

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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.