U.S. Court of Appeals for the Ninth Circuit, 1961

Alfred Bundy and Kenneth P. Barnum v. Vera K. Gibson, L. Williams, J. O. Harries, Beatrice v. Magnuson, Amelia M. Spaulding, Beth Baker

U.S. Court of Appeals for the Ninth Circuit · Decided September 14, 1961 · Hamley, Jertberg, Murray, Per Curiam

295 F.2d 62; 1961 U.S. App. LEXIS 3613 (Federal Reporter, Second Series)

Counsel

Alfred Bundy, Los Angeles, Cal., and Kenneth P. Barnum, in pro. per., Roy Gargano, County Counsel, County of Kern, Rex R. Mull, Chief Deputy County Counsel, County of Kern, Bakersfield, Cal., for appellee.

Cases that cite this one

4 later published cases cite this decision.

Fletcher v. Gagosian (9th Cir. 1979)
Fletcher v. Gagosian (9th Cir. 1979)
Great American Insurance Company v. Louis Lesser Enterprises, Inc. (8th Cir. 1965)
Great American Insurance v. Louis Lesser Enterprises, Inc. (8th Cir. 1965)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

In this damage suit brought under the Civil Rights Act, 42 U.S.C.A. §§ 1981-1988, appellants seek to appeal from an order dismissing the complaint on the ground that it fails to state a claim upon which relief can be granted. *63 Except under special circumstances not present here, an order which dismisses a complaint without dismissing the action is not an appealable order. Javor v. Brown, 9 Cir., 295 F.2d 60.

The court therefore on its own motion dismisses the appeal and remands the case to the district court. If upon this remand appellants elect not to amend their complaint, the trial court should enter a judgment dismissing the action. Appellants may appeal therefrom and in that event may proceed on the record and briefs now before this court together with a supplemental transcript to show subsequent district court proceedings.

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