Cashion v. Bunn, 10888.

Decision Date29 June 1945
Docket NumberNo. 10888.,10888.
Citation149 F.2d 969
PartiesCASHION et al. v. BUNN et al.
CourtU.S. Court of Appeals — Ninth Circuit

F. E. Flynn, E. R. Thurman and Stanley Jerman, all of Phoenix, Ariz., for appellants.

Irving A. Jennings, Riney B. Salmon and Ozell M. Trask, all of Phoenix, Ariz., for appellees.

Before MATHEWS, HEALY and BONE, Circuit Judges.

MATHEWS, Circuit Judge.

This was an action by appellants against appellees. The complaint contained two 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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9 cases
  • United States v. State of Arizona
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • June 30, 1953
    ...v. Gibson, 9 Cir., 128 F.2d 865; Tee-Hit-Ton Tribe of Tlingit Indians of Alaska ex rel. U. S. v. Olson, 9 Cir., 144 F.2d 347; Cashion v. Bunn, 9 Cir., 149 F.2d 969; Peoples Bank v. Federal Reserve Bank, 9 Cir., 149 F.2d 850, 851; Prickett v. Consolidated Liquidating Corp., 9 Cir., 180 F.2d ......
  • Wynn v. Reconstruction Finance Corp.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • May 7, 1954
    ...1949, 173 F.2d 317, 319. 12 See, also, 3 Barron & Holtzoff, Federal Practice and Procedure, § 1241, pp. 111, 114; cf. Cashion v. Bunn, 9 Cir., 1945, 149 F.2d 969. 13 As the Seventh Circuit pointed out in Biggins v. Oltmer Iron Works, 1946, 154 F.2d 214, an appeal may lie from a Rule 56(d) p......
  • Meloy v. Saint Paul Mercury Indem. Co., 5372
    • United States
    • Arizona Supreme Court
    • October 16, 1951
    ...judgment of dismissal, no appeal will lie from an order granting a motion to dismiss. Wright v. Gibson, 9 Cir., 128 F.2d 865; Cashion v. Bunn, 9 Cir., 149 F.2d 969. A judgment dismissing an action is a final decision and hence is appealable. But the granting of a motion to dismiss a complai......
  • Libby, McNeill & Libby v. Alaska Industrial Board
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • November 4, 1954
    ...United States v. Olson, 9 Cir., 144 F.2d 347; Peoples Bank v. Federal Reserve Board of San Francisco, 9 Cir., 149 F.2d 850; Cashion v. Bunn, 9 Cir., 149 F.2d 969; Prickett v. Consolidated Liquidating Corp., 9 Cir., 180 F.2d 8, 9; Turnbull v. Cyr, 9 Cir., 184 F.2d The final decision in the i......
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