Storek & Storek, Inc. v. Port Of Oakland

869 F.2d 1322 STOREK & STOREK, INC., a California corporation; Richard Storek; Glenn Storek, individually and in their representative capacity as general partners of Storek & Storek, Plaintiffs-Appellees, v. PORT OF OAKLAND, Defendant-Appellant. No. 88-1733. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 17, 1989. Decided March 13, 1989. Cedric C. Chao, Morrison & Foerster, San Francisco, Cal., for defendant-appellant. Christopher J. Hunt, Keker & Brockett, San Francisco, Cal., for plaintiffs-appellees. Appeal from the United States District Court for the Northern District of California. Before SNEED and NOONAN, Circuit Judges, and WILSON, District Judge. * NOONAN, Jr., Circuit Judge: 1 Storek & Storek, Richard Storek and Glenn Storek (Storek) brought suit against the Port of Oakland (the Port). Jurisdiction existed under 42 U.S.C. Sec. 1983 . The district court denied summary judgment for the Port but certified two questions for interlocutory appeal to this court. We answer both negatively to the contentions of the Storeks and direct the district court to enter judgment for the Port on its motion for summary judgment on the Storeks'…