Collins v. Rumsfeld

Full title: EARL B. COLLINS ET AL., PLAINTIFFS-APPELLEES AND CROSS-APPELLANTS, v…

Court: United States Court of Appeals, Ninth Circuit

Date published: Aug 25, 1977

559 F.2d 1178 (9th Cir. 1977)

Opinion

Nos. 75-2935, 75-2967, 75-3238, 75-3348, 75-3432 and 75-3559.

August 25, 1977.

Eric A. Seitz, Honolulu, Hawaii, argued for appellees in 75-2935 and for appellants in 75-2967.

Scott J. Tepper, Los Angeles, Cal., argued for appellees in 75-2935, 75-3238, 75-3432 75-3559, and for appellants in 75-2967 75-3348.

Neil H. Koslowe, Atty., U.S. Dept. of Justice, Washington, D.C., argued for appellees in 75-2967 75-3348, and for appellants in 75-2935, 75-3238, 75-3432 75-3559.

Appeals from the United States District Court for the District of Hawaii; Samuel P. King, Chief Judge; United States District for the Southern District of California; Leland C. Nielsen, Judge; and the United States District Court for the Central District of California; Albert Lee Stephens, Jr., Chief Judge.

Before CHAMBERS and SNEED, Circuit Judges, and SWEIGERT^_, District Judge.

_ Honorable William T. Sweigert, Senior United States District Judge, Northern District of California, sitting by designation.

PER CURIAM:

Our previous decision in this consolidated appeal, Collins v. Rumsfeld, 542 F.2d 1109 (9th Cir. 1976), was vacated and remanded to us by the Supreme Court "for further consideration in light of United States v. Larionoff, 431 U.S. ___, 97 S.Ct. 2150, 53 L.Ed.2d 48 (1977)." Saylors v. United States, ___ U.S. ___, 97 S.Ct. 2945, 53 L.Ed.2d 1075 (1977), vacating Collins v. Rumsfeld, 542 F.2d 1109 (9th Cir. 1976). The Court's decision in Larionoff controls the case before us. The judgments of the district courts are AFFIRMED.