U.S. Court of Appeals for the Ninth Circuit, 1950

Turnbull v. Cyr

Turnbull v. Cyr
U.S. Court of Appeals for the Ninth Circuit · Decided August 15, 1950 · Mathews, Stephens, Orr
184 F.2d 117 (Federal Reporter, Second Series)

Turnbull v. Cyr

Opinion

PER CURIAM.

This appeal is from an order which granted a motion to dismiss a complaint, but did not dismiss it. Such an order is not a 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. 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 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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