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LEE v. CITY OF BEAUMONT

No. 92-55730.

12 F.3d 933 (1993)

Roberta LEE, Guardian Ad Litem; Avril King; Brenda Walls, Plaintiffs-Appellees, v. The CITY OF BEAUMONT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 29, 1993.

Attorney(s) appearing for the Case

Thomas M. Reeves and Robert J. Jagiello, Law Offices of Mayer & Reeves, Long Beach, CA, for defendant-appellant.

Christopher J. Morey, Costa Mesa, CA, for plaintiffs-appellees.

Before: REINHARDT, T.G. NELSON, Circuit Judges, and KAUFMAN, District Judge.

T.G. NELSON, Circuit Judge:

I.

OVERVIEW

The City of Beaumont (Beaumont) appeals the district court's discretionary remand of pendent state claims. Beaumont asserts the district court had a mandatory duty to rule on the sufficiency of service of process before remanding the pendent state claims. We have no jurisdiction to review the remand order pursuant to Beaumont's appeal and decline to treat the appeal as a petition for writ of mandamus because...

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