Court of Appeals for the Ninth Circuit November 2, 1984, Nos. 84-4005, 84-4063 (Daily Herald Co. v. Munro)

lead-opinion

PER CURIAM.

This matter is before us as an expedited appeal.

We must decide whether the district court erred in entering summary judgment on its own motion in this matter in favor of the State of Washington. We conclude that the district court acted improvidently because material issues of fact remain unresolved.