CITY AND COUNTY OF SAN FRANCISCO v. McLAUGHLIN

No. 4642.

9 F.2d 390 (1925)

CITY AND COUNTY OF SAN FRANCISCO v. McLAUGHLIN, Collector of Internal Revenue, et al.

Circuit Court of Appeals, Ninth Circuit.

December 14, 1925.


Attorney(s) appearing for the Case

George Lull, City Atty., of San Francisco, Cal. (E. J. Mitchell, Asst. City Atty., of counsel), for appellant.

Geo. J. Hatfield, U. S. Atty., and T. J. Sheridan, Asst. U. S. Atty., both of San Francisco, Cal., for appellees.

Before HUNT, RUDKIN, and McCAMANT, Circuit Judges.


RUDKIN, Circuit Judge.

This is an appeal from an order granting a motion to dismiss a bill in equity. The appellee has directed our attention to the nature of the order, but no motion to dismiss the appeal has been interposed, nor has any question been raised as to the jurisdiction of this court. If the order is not appealable, however, it is the duty of the court to raise the objection of its own motion. Section 128 of the Judicial Code (Comp. St. § 1120) provides...

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