Can we review the record to determine whether there were genuine issues of material fact in dispute?

The City would have us review the record to determine whether the district court erred in concluding that there were genuine issues of material fact in dispute. If we were to engage in such an examination of the record, however, we would directly violate the unequivocal law of the circuit as explicated in Locricchio. We lack the authority to do so. We are bound by the law of this circuit as explained in Locricchio. Montana v. Johnson, 738 F.2d 1074, 1077 (9th Cir.1984). Thus, because a trier of fact has considered the factual questions in this matter, the denial of the motion for a summary judgment is affirmed without reviewing its merits.

B. Sufficiency of the Evidence at Trial