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BUNDY v. GIBSON

No. 17217.

295 F.2d 62 (1961)

Alfred BUNDY and Kenneth P. Barnum, Appellants, v. Vera K. GIBSON, L. Williams, J. O. Harries, Beatrice V. Magnuson, Amelia M. Spaulding, Beth Baker, Appellees.

United States Court of Appeals Ninth Circuit.

September 14, 1961.

Attorney(s) appearing for the Case

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.

Before HAMLEY and JERTBERG, Circuit Judges, and MURRAY, District Judge.

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.

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...

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