Arnold v. McGuiness

Full title: J. Howard ARNOLD, Appellant, v. William J. McGUINESS, Appellee

Court: United States Court of Appeals, Ninth Circuit

Date published: Sep 23, 1968

400 F.2d 392 (9th Cir. 1968)

Opinion

No. 21814.

August 5, 1968. Rehearing Denied September 23, 1968.

Appeal from the United States District Court for the Northern District of California, Southern Division; Oliver J. Carter, Judge.

J. Howard Arnold (argued), Berkeley, Cal., for appellant.

Thomas J. Fennone (argued), Deputy County Counsel, Richard J. Moore, County Counsel, Oakland, Cal., for appellee.

Before JERTBERG and DUNIWAY, Circuit Judges, and FOLEY, District Judge^_.

_ Roger D. Foley, District of Nevada, sitting by designation.

PER CURIAM:

We have carefully considered appellant's assignments of error and they have no merit. We agree with and adopt the decision of the district court.¹ We also reaffirm this Court's prior decisions, wherein J. Howard Arnold was twice before this Court as the appellant.²

1 See Memorandum and Order filed February 2, 1967, Arnold v. McGuiness, U.S.D.C. N.D.Calif., 289 F. Supp. 210.

2 See Arnold v. Bostick, 9 Cir., 1964, 339 F.2d 879, cert. den. 382 U.S. 858, 86 S. Ct. 113, 15 L.Ed.2d 96; unreported Order in Arnold v. McGuiness, 9 Cir., 1966, No. 20617, cert. den. 386 U.S. 996, 87 S.Ct. 1315, 18 L.Ed.2d 343.

Affirmed.