Cashion v. Bunn

Ninth Circuit

Cashion v. Bunn

149 F.2d 969, 1945 U.S. App. LEXIS 2725

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 29, 1945

DocketNo. 10888

StatusPublished

Cited by11 cases

This text of 149 F.2d 969 (Cashion v. Bunn) 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

Cashion v. Bunn, 149 F.2d 969, 1945 U.S. App. LEXIS 2725 (9th Cir. 1945).

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Opinion

MATHEWS, Circuit Judge.

This was an action by appellants againsfappellees. The complaint contained two1 counts entitled, respectively, “First cause of action” and “Second cause of action.” Appellees moved for a summary judgment dismissing the first count. The court heard the motion and, on May 1, 1944, entered the following order: “It is ordered that summary judgment be had by defendants [appellees] on the first cause of action of the complaint herein.”

No judgment was entered. On July 25, 1944, appellants appealed from the order of May 1, 1944. That order was not a final decision, within the meaning of § 128(a) of the Judicial Code, 28 U.S.C.A. § 225 (a), and was not appealable. Wright v. Gibson, 9 Cir., 128 F.2d 865, 867.

Appeal dismissed.

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MATHEWS, Circuit Judge.

This was an action by appellants againsfappellees. The complaint contained two1 counts entitled, respectively, “First cause of action” and “Second cause of action.” Appellees moved for a summary judgment dismissing the first count. The court heard the motion and, on May 1, 1944, entered the following order: “It is ordered that summary judgment be had by defendants [appellees] on the first cause of action of the complaint herein.”

No judgment was entered. On July 25, 1944, appellants appealed from the order of May 1, 1944. That order was not a final decision, within the meaning of § 128(a) of the Judicial Code, 28 U.S.C.A. § 225 (a), and was not appealable. Wright v. Gibson, 9 Cir., 128 F.2d 865, 867.

Appeal dismissed.

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149 F.2d 969, 1945 U.S. App. LEXIS 2725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cashion-v-bunn-ca9-1945.

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