Blanco v. United States

Ninth Circuit

Blanco v. United States

184 F.2d 117, 1950 U.S. App. LEXIS 3048

Court of Appeals for the Ninth Circuit·Decided August 17, 1950·No. 12508·Published·Cited by 8 cases

Opinion

PER CURIAM.

This appeal is from an o'rder which granted a motion to dismiss an action, but did not dismiss it. Such an order is not a *118 final decision, within the meaning of 28 U. S.C.A.. § 1291, and is not appealable. Prickett v. Consolidated Liquidating Corp., 9 Cir., 180 F.2d 8; Turnbull v. Cyr, 9 Cir., 184 F.2d 117. See, also, City and County of San Francisco v. McLaughlin, 9 Cir., 9 F.2d 390; Wright v. Gibson, 9 Cir., 128 F. 2d 865; Tee-Hit-Ton Tribe of Tlingit Indians etc., v. Olson, 9 Cir., 144 F.2d 347; Peoples Bank v. Federal Reserve Bank, 9 Cir., 149 F.2d 850; Cashion v. Bunn, 9 Cir., 149 F.2d 969. The appeal is, therefore, dismissed. Mandate to issue forthwith.

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PER CURIAM.

This appeal is from an o'rder which granted a motion to dismiss an action, but did not dismiss it. Such an order is not a *118 final decision, within the meaning of 28 U. S.C.A.. § 1291, and is not appealable. Prickett v. Consolidated Liquidating Corp., 9 Cir., 180 F.2d 8; Turnbull v. Cyr, 9 Cir., 184 F.2d 117. See, also, City and County of San Francisco v. McLaughlin, 9 Cir., 9 F.2d 390; Wright v. Gibson, 9 Cir., 128 F. 2d 865; Tee-Hit-Ton Tribe of Tlingit Indians etc., v. Olson, 9 Cir., 144 F.2d 347; Peoples Bank v. Federal Reserve Bank, 9 Cir., 149 F.2d 850; Cashion v. Bunn, 9 Cir., 149 F.2d 969. The appeal is, therefore, dismissed. Mandate to issue forthwith.

Blanco v. United States, 184 F.2d 117, 1950 U.S. App. LEXIS 3048 (9th Cir. 1950).

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