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Eleanor M. Hemstreet, Member, Concerned Citizens of Justice, Inc. v. Edward C. Schade

Eleanor M. HEMSTREET, Member, Concerned Citizens of Justice, Inc., Appellant, v. Edward C. SCHADE Et Al., Appellees

Hemstreet v. Schade, 459 F.2d 49 (9th Cir. 1972)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
May 15, 1972
Docket
No. 71-2667
Judges
Koelsch, Duniway, Goodwin
Citations
459 F.2d 49

Opinion — Per Curiam

PER CURIAM:

Eleanor M. Hemstreet appeals from an order dismissing her complaint, under Fed.R.Civ.P. 8.

A dismissal of a complaint, without dismissal of the action, is not a “final order” under 28 U.S.C. § 1291 . Dockery v. Dockery, 437 F.2d 898 (9th Cir. 1971). No “special circumstances” here indicate that the complaint could not be saved by amendment. The order appealed from is not an appealable order. Jackson v. Nelson, 405 F.2d 872, 873 (9th Cir. 1968).

The appeal is accordingly dismissed for lack of appellate jurisdiction. Plaintiff may move in the district court for leave to file an amended complaint. Thereafter, further proceedings should be governed by the procedure outlined in Potter v. McCall, 433 F.2d 1087 (9th Cir. 1970).

Dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1972: 119722026peak 1972 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Potter v. Tom McCall Governor of the State of Or., 433 F.2d 1087 (9th Cir. 1970) 50
Jackson v. Louis S. Nelson,, Lieutenant Roger & Mr. Powell of San Quentin Prison, 405 F.2d 872 (9th Cir. 1968) 36
D. C. Dockery v. Dockery, 437 F.2d 898 (9th Cir. 1971) 2

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