96 Cal. Daily Op. Serv. 6726, 96 Daily Journal D.A.R. 10,963 John Doe, M.D., by Curtis Lavery, of His Estate v. Attorney General of the United States

95 F.3d 29

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 9, 1996
• Docket: 93-15253
• Status: Published

Opinion

95 F.3d 29

96 Cal. Daily Op. Serv. 6726, 96 Daily Journal
D.A.R. 10,963
John DOE, M.D., by Curtis LAVERY, Executor of his Estate,
Plaintiff-Appellant,
v.
ATTORNEY GENERAL OF the UNITED STATES, et al., Defendants-Appellees.

No. 93-15253.

United States Court of Appeals,
Ninth Circuit.

Sept. 9, 1996.

On Remand from the Supreme Court of the United States. D.C. No. CV-88-03820-CAL.

Prior reports: 814 F.Supp. 844 (N.D.Cal.), --- U.S. ----, 116 S.Ct. 2543, 135 L.Ed.2d 1064.

Before: WALLACE,* Senior Circuit Judge; O'SCANNLAIN, Circuit Judge; and KELLEHER,** District Judge.

In light of the Supreme Court's decision in Lane v. Pena, 518 U.S. ----, 116 S.Ct. 2092, 135 L.Ed.2d 486 (1996), the district court's judgment in favor of Defendants-Appellees is AFFIRMED. The case is REMANDED to the district court for consideration of whether attorneys fees should be awarded, and if so, the amount of the award.

* At the time of submission, the Honorable J. Clifford Wallace was sitting as Chief Judge of the United States Court of Appeals for the Ninth Circuit

** The Honorable Robert J. Kelleher, Senior United States District Judge for the Central District of California, sitting by designation