LILYAN BACA, FRANCISCA MARISCAL, SHARON ROBERTSON, LORON STOWERS, SEAB LEE, MICHAEL SALDANA, BY AND THROUGH ROSARIO SALDANA, HIS MOTHER AND NEXT FRIEND; ET AL., PLAINTIFFS-APPELLANTS,
v.
GEORGE CAMPBELL, ROBERT CORBIN, ED PASTOR, HENRY H. HAWS AND HAWLEY ATKINSON, INDIVIDUALLY AND AS MEMBERS OF THE BOARD OF SUPERVISORS OF MARICOPA COUNTY, ARIZONA; JOSEPH PREKUP, ASSISTANT COUNTY MANAGER FOR HEALTH SERVICES OF MARICOPA COUNTY, ARIZONA, ET AL., DEFENDANTS-APPELLEES

9th Cir. | 1982-12-20
No. 79-3794
Before SKELTON, Senior Judge, KILK-ENNY and REINHARDT, Circuit Judges.
695 F.2d 352 United States Court of Appeals for the Ninth Circuit (1982) Positive Treatment
Cited by 4 cases

Concurrence
KILKENNY, Circuit Judge, specially

KILKENNY, Circuit Judge, specially

concurring:

I would hold that the remand should be limited to the precise question of whether the post-judgment motion unfairly surprised or prejudiced the appellees. White v. New Hampshire Department of Employment, 455 U.S. 445, at page 454, 102 S.Ct. 1162, at pages 1167-1168. In passing on the question, the district court might, if it deems it advisable, conduct further proceedings to supplement the record.

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