Alfred Bundy and Kenneth P. Barnum v. Vera K. Gibson, L. Williams, J. O. Harries, Beatrice v. Magnuson, Amelia M. Spaulding, Beth Baker

Ninth Circuit

Alfred Bundy and Kenneth P. Barnum v. Vera K. Gibson, L. Williams, J. O. Harries, Beatrice v. Magnuson, Amelia M. Spaulding, Beth Baker

295 F.2d 62, 1961 U.S. App. LEXIS 3613

Court of Appeals for the Ninth Circuit·Decided September 14, 1961·No. 17217_1·Published·Cited by 4 cases

Opinion

PER CURIAM.

In this damage suit brought under the Civil Rights Act, 42 U.S.C.A. §§ 1981-1988, appellants seek to appeal from an order dismissing the complaint on the ground that it fails to state a claim upon which relief can be granted. *63 Except under special circumstances not present here, an order which dismisses a complaint without dismissing the action is not an appealable order. Javor v. Brown, 9 Cir., 295 F.2d 60.

The court therefore on its own motion dismisses the appeal and remands the case to the district court. If upon this remand appellants elect not to amend their complaint, the trial court should enter a judgment dismissing the action. Appellants may appeal therefrom and in that event may proceed on the record and briefs now before this court together with a supplemental transcript to show subsequent district court proceedings.

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PER CURIAM.

In this damage suit brought under the Civil Rights Act, 42 U.S.C.A. §§ 1981-1988, appellants seek to appeal from an order dismissing the complaint on the ground that it fails to state a claim upon which relief can be granted. *63 Except under special circumstances not present here, an order which dismisses a complaint without dismissing the action is not an appealable order. Javor v. Brown, 9 Cir., 295 F.2d 60.

The court therefore on its own motion dismisses the appeal and remands the case to the district court. If upon this remand appellants elect not to amend their complaint, the trial court should enter a judgment dismissing the action. Appellants may appeal therefrom and in that event may proceed on the record and briefs now before this court together with a supplemental transcript to show subsequent district court proceedings.

Alfred Bundy and Kenneth P. Barnum v. Vera K. Gibson, L. Williams, J. O. Harries, Beatrice v. Magnuson, Amelia M. Spaulding, Beth Baker, 295 F.2d 62, 1961 U.S. App. LEXIS 3613 (9th Cir. 1961).

Pincite

295 F.2d 62 (Alfred Bundy and Kenneth P. Barnum v. Vera K. Gibson, L. Williams, J. O. Harries, Beatrice v. Magnuson, Amelia M. Spaulding, Beth Baker) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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