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Mark J. Abrams v. City of Rancho Palos Verdes, a Municipality City of Rancho Palos Verdes City Council, and Frank Lyon Jon Cartwright Thomas Long Craig Mueller Theodore Paulson Donald Vannorsdall John McTaggart Douglas W. Stern Lee Byrd Barbara Ferraro Marilyn Lyon and Larry Clark

Citations: 406 F.3d 1094; 2005 U.S. App. LEXIS 7772Docket: 02-55681

Court: Court of Appeals for the Ninth Circuit; May 5, 2005; Federal Appellate Court

Narrative Opinion Summary

The case involves Mark J. Abrams as the Plaintiff-Appellant against the City of Rancho Palos Verdes and its City Council, among other defendants. The United States Court of Appeals for the Ninth Circuit issued an order on May 5, 2005, following a remand from the United States Supreme Court. The prior judgment of the Ninth Circuit in Abrams v. City of Rancho Palos Verdes was reversed, necessitating further proceedings in line with the Supreme Court's decision. Ultimately, the Ninth Circuit affirmed the judgment of the district court, with costs awarded to the Appellees. The panel included Circuit Judges Kozinski and Nelson, along with Judge Restani, who was designated from the United States Court of International Trade.

Legal Issues Addressed

Affirmation of District Court Judgment

Application: The Ninth Circuit affirmed the district court's judgment after considering the Supreme Court's guidance, concluding the appellate process in favor of the Appellees.

Reasoning: Ultimately, the Ninth Circuit affirmed the judgment of the district court, with costs awarded to the Appellees.

Panel Composition in Appellate Decision

Application: The decision was made by a panel consisting of Circuit Judges and a designated Judge from the United States Court of International Trade.

Reasoning: The panel included Circuit Judges Kozinski and Nelson, along with Judge Restani, who was designated from the United States Court of International Trade.

Remand from United States Supreme Court

Application: The Ninth Circuit was required to conduct further proceedings in accordance with the Supreme Court's decision following a reversal of its prior judgment.

Reasoning: The United States Court of Appeals for the Ninth Circuit issued an order on May 5, 2005, following a remand from the United States Supreme Court.