John Anthony Esposito v. John H. Klinger

Ninth Circuit

John Anthony Esposito v. John H. Klinger

381 F.2d 13, 1967 U.S. App. LEXIS 5606

Court of Appeals for the Ninth Circuit·Decided July 17, 1967·No. 21491·Published

Opinion

PER CURIAM.

The final order of the district court of July 25, 1966, is affirmed insofar as it dismisses the complaint and the action as to the State of California. Also, this court agrees that Esposito was not entitled to a summary judgment.

However, this court is of the opinion that it is possible that the appellant (plaintiff) might be able to state a cause of action against the individual defendants if permitted to amend. Therefore, the district court should vacate its final order of July 25, 1966, insofar as necessary to permit Esposito to file an amended complaint.

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PER CURIAM.

The final order of the district court of July 25, 1966, is affirmed insofar as it dismisses the complaint and the action as to the State of California. Also, this court agrees that Esposito was not entitled to a summary judgment.

However, this court is of the opinion that it is possible that the appellant (plaintiff) might be able to state a cause of action against the individual defendants if permitted to amend. Therefore, the district court should vacate its final order of July 25, 1966, insofar as necessary to permit Esposito to file an amended complaint.

John Anthony Esposito v. John H. Klinger, 381 F.2d 13, 1967 U.S. App. LEXIS 5606 (9th Cir. 1967).

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