Hogan v. Von Raab

54 F.3d 785 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kevin HOGAN, Plaintiff-Appellant, v. William Von RAAB; Duane Oveson, in his capacity as District Director of U.S. Customs Service for District of Alaska; James Hipsher, in his capacity as Deputy Director of U.S. Customs Service for District of Alaska; John E. Elkins, in his capacity as Acting Director, Regulatory Procedures & Penalties Division, U.S. Customs Services, HARVEY FOX, in his capacity as Director of Regulations & Rulings, U.S. Customs Service; and United States of America, Defendants-Appellees. No. 94-35240. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 3, 1995. Decided May 17, 1995. Before: WRIGHT, SKOPIL, and THOMPSON, Circuit Judges. MEMORANDUM * We agree with the parties' representations at oral argument that we should reverse and remand this case to the district court for further proceedings. The district court's dismissal was premised on application of the…