U.S. Court of Appeals for the Ninth Circuit, 1980

W. Dorrean Graves, AKA W. Dorrean Graves Walker v. Lorraine Duganne

U.S. Court of Appeals for the Ninth Circuit · Decided June 6, 1980 · Chambers, Goodwin, Conti

620 F.2d 749; 1980 U.S. App. LEXIS 16895 (Federal Reporter, Second Series)

Counsel

Jerry D. Anker, Lichtman, Abeles, Anker & Nagle, Washington, D. C., for plaintiff-appellant., Lawrence Wright, Phoenix, Ariz., for defendants-appellees.

Cases that cite this one

1 later published case cites this decision.

George E. Vanelli, Plaintiff-Appellant/cross-Appellee v. Reynolds School District No. 7, Defendants-Appellees/cross-Appellants (9th Cir. 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER OF REMAND.

This case now on rehearing is remanded to the district court with the suggestion that that court vacate the judgment or judgments in the case on proof of performance of the settlement agreement of May 15, 1980. The trial court is authorized to dismiss with prejudice. The parties will bear their own costs.

The court acknowledges that the majority opinion, Graves v. Duganne, 581 F.2d 222 (9th Cir. 1978), was vitiated by the Supreme Court opinion in Carey v. Piphus, 435 U.S. 247, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978).

Any party may move for reconsideration of the foregoing order within 14 days from the date of filing herein.

District Judge for the Northern District of

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