Parker v. Lester

Ninth Circuit

Parker v. Lester

191 F.2d 1020, 1951 U.S. App. LEXIS 2674

CourtCourt of Appeals for the Ninth Circuit

DecidedOctober 10, 1951

Docket13124

StatusPublished

Cited by2 cases

This text of 191 F.2d 1020 (Parker v. Lester) 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

Parker v. Lester, 191 F.2d 1020, 1951 U.S. App. LEXIS 2674 (9th Cir. 1951).

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Opinion

PER CURIAM.

This appeal is from an interlocutory order refusing an injunction sought by appellants in an action by appellants against appellees- — an action still pending in the District Court. Appellants took the appeal on July 2, 1951, but failed to prosecute it. Appellees have caused the record on appeal to be certified and transmitted to this court, have caused the appeal to be docketed in this court and have moved this court to dismiss the appeal for want of jurisdiction. This court has jurisdiction of the appeal under 28 U.S.C.A. § 1292 and hence could not properly dismiss it for want of jurisdiction. However, appellants have filed in this court a paper entitled “Withdrawal and abandonment of appeal”, from which it appears that they do not desire or intend to prosecute the appeal. The appeal is therefore dismissed for want of prosecution.

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PER CURIAM.

This appeal is from an interlocutory order refusing an injunction sought by appellants in an action by appellants against appellees- — an action still pending in the District Court. Appellants took the appeal on July 2, 1951, but failed to prosecute it. Appellees have caused the record on appeal to be certified and transmitted to this court, have caused the appeal to be docketed in this court and have moved this court to dismiss the appeal for want of jurisdiction. This court has jurisdiction of the appeal under 28 U.S.C.A. § 1292 and hence could not properly dismiss it for want of jurisdiction. However, appellants have filed in this court a paper entitled “Withdrawal and abandonment of appeal”, from which it appears that they do not desire or intend to prosecute the appeal. The appeal is therefore dismissed for want of prosecution.

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Bluebook (online)

191 F.2d 1020, 1951 U.S. App. LEXIS 2674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-lester-ca9-1951.

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