Booker T. Hillery, Jr. v. Ruth L. Rushen, Etc.

Ninth Circuit

Booker T. Hillery, Jr. v. Ruth L. Rushen, Etc.

702 F.2d 848, 1983 U.S. App. LEXIS 31461

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 1, 1983

Docket83-1553

StatusPublished

Cited by11 cases

This text of 702 F.2d 848 (Booker T. Hillery, Jr. v. Ruth L. Rushen, Etc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Booker T. Hillery, Jr. v. Ruth L. Rushen, Etc., 702 F.2d 848, 1983 U.S. App. LEXIS 31461 (9th Cir. 1983).

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Opinion

ORDER

This is an appeal from an interim award of attorney’s fees under 42 U.S.C. § 1988 for services performed in obtaining a permanent injunction. Plaintiffs’ claims for damages are pending in the district court.

Plaintiffs move for dismissal of the appeal for lack of jurisdiction. The motion is granted. An interim award of attorneys’ fees is not a collateral order appealable *849 under 28 U.S.C. § 1291. See Hastings v. Maine-Endweli Central School District, 676 F.2d 893 (2d Cir.1982); Ruiz v. Estelle, 609 F.2d 118 (5th Cir.1980). Cf. Hain Pure Food Co. v. Sona Food Products Co., 618 F.2d 521 (9th Cir.1980) (per curiam). Appellants’ distinction between fees awarded in connection with a permanent injunction and a preliminary injunction as in Hastings is without significance.

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ORDER

This is an appeal from an interim award of attorney’s fees under 42 U.S.C. § 1988 for services performed in obtaining a permanent injunction. Plaintiffs’ claims for damages are pending in the district court.

Plaintiffs move for dismissal of the appeal for lack of jurisdiction. The motion is granted. An interim award of attorneys’ fees is not a collateral order appealable *849 under 28 U.S.C. § 1291. See Hastings v. Maine-Endweli Central School District, 676 F.2d 893 (2d Cir.1982); Ruiz v. Estelle, 609 F.2d 118 (5th Cir.1980). Cf. Hain Pure Food Co. v. Sona Food Products Co., 618 F.2d 521 (9th Cir.1980) (per curiam). Appellants’ distinction between fees awarded in connection with a permanent injunction and a preliminary injunction as in Hastings is without significance.

Federal Deposit Insurance Corporation, as Receiver for the Bank of San Diego v. Rancho Vista Del Mar Roque De La Fuente II Bertha Guerra De La Fuente Business Park Inc., the Bank of San Diego, a California Corporation Federal Deposit Insurance Corporation, as Receiver for Bank of San Diego v. Rancho Vista Del Mar De La Fuente Business Park Inc. Bertha Guerra De La Fuente Ii, the Bank of San Diego, a California Corporation Federal Deposit Insurance Corporation, as Receiver for Bank of San Diego v. Rancho Vista Del Mar a California Corporation, Roque De La Fuente II Bertha Guerra De La Fuente De La Fuente Business Park Inc., the Bank of San Diego, a California Corporation Federal Deposit Insurance Corporation, as Receiver for Bank of San Diego v. Rancho Vista Del Mar, a California Corporation, Roque De La Fuente II Bertha Guerra De La Fuente De La Fuente Business Park Inc.

116 F.3d 483 (Ninth Circuit, 1997)

Jay Lee Gates, John Ronald Bertram v. James Rowland and His Successor in Office James H. Gomez, Directorof the California Department of Correction Nadim Khoury, M.D., Assistant Deputy Director--Cdc Health Services Eddie Ylst and His Successor in Office Steve Cambra, Warden (Interim)--California Medical Facility Kenneth Shepard, M.D., Chief Deputy Warden for Cmf Clinical Services Nicholas Poulos, M.D., and His Successor in Office George R. Gay, Chief Physician and Surgeon (Acting) Cmf Paul Morentz, M.D., Chief Psychiatrist--Cmf Outpatient Psychiatric Program H. Benton, M.D., and His Successor in Office A.R. Rotella, M.D., Chief Psychiatrists--Northern Reception Center D. Michael O'connor, M.D., and His Successor in Office William Mayer, Director of the California Department of Mental Health Douglas G. Arnold and His Successor in Office Clyde Murrey, Acting Deputy Director for State Hospitals Dmh and Sylvia Blount, R.N., Executive Director--Dmh Vacaville Psychiatric Program, Jay Lee Gates, and George Deukmejian, Governor v. James Rowland, Director, Jay Lee Gates v. George Deukmejian Ron Shinn James Rowland Nadim Khoury, M.D. Assistant Deputy Director--Cdc Health Services Eddie Ylst Kenneth Shepard, Chief Deputy Warden for Cmf Clinical Services

39 F.3d 1439 (Ninth Circuit, 1994)

Gates v. Rowland

39 F.3d 1439 (Ninth Circuit, 1994)

United States of America, and State of California, Sierra Club Emily Durbin Bruce Henderson, Intervenors v. City of San Diego, United States of America, Sierra Club Emily Durbin Bruce Henderson, Intervenors, and State of California v. City of San Diego, United States of America, State of California v. City of San Diego v. Sierra Club Emily Durbin Bruce Henderson, Intervenors. United States of America, and State of California v. City of San Diego v. Sierra Club, Plaintiff-Intervenor-Appellee. United States of America, State of California v. City of San Diego v. Sierra Club, Intervenor-Plaintiff-Appellee. United States of America, State of California v. City of San Diego v. Sierra Club, Plaintiff-Intervenor-Appellant

36 F.3d 1103 (Ninth Circuit, 1994)

Seth Rosenfeld v. United States of America the Federal Bureau of Investigation, Defendants- United States Department of Justice, and Federal Bureau of Investigation v. United States District Court for the Northern District of California, Seth Rosenfeld, Real Party in Interest

859 F.2d 717 (Ninth Circuit, 1988)

Rosenfeld v. United States

859 F.2d 717 (Ninth Circuit, 1988)

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702 F.2d 848, 1983 U.S. App. LEXIS 31461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/booker-t-hillery-jr-v-ruth-l-rushen-etc-ca9-1983.

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