U.S. Court of Appeals for the Ninth Circuit, 1981

Capps v. Atiyeh

Capps v. Atiyeh
U.S. Court of Appeals for the Ninth Circuit · Decided August 3, 1981
652 F.2d 823; 1981 U.S. App. LEXIS 10868 (Federal Reporter, Second Series)

Capps v. Atiyeh

Opinion of the Court

PER CURIAM:

The case is ordered submitted. The district court’s judgment is vacated. See Capps v. Atiyeh, 495 F.Supp. 802 (D.Ore. 1980), stayed, Atiyeh v. Capps, 449 U.S. 1312, 101 S.Ct. 829, 66 L.Ed.2d 785 (Rehnquist, Circuit Justice, 1981). The case is remanded for further consideration and specific findings in light of Rhodes v. Chapman, - U.S. -, 101 S.Ct. 2392, 69 L.Ed.2d 59 (1981) and Wright v. Rushen, 642 F.2d 1129 (9th Cir. 1981).

Appellants’ motion to submit supplemental briefs is denied.

JUDGMENT VACATED and CASE REMANDED.

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