HILLERY v. RUSHEN

No. 83-1553.

702 F.2d 848 (1983)

Booker T. HILLERY, Jr., et al., Plaintiffs-Appellees, v. Ruth L. RUSHEN, etc., et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

April 1, 1983.


Attorney(s) appearing for the Case

Kenneth C. Young, San Francisco, Cal., for defendants-appellants.

Melvin R. Goldman, Jack W. Londen, Morrison & Foerster, San Francisco, Cal., for plaintiffs-appellees.

Before SNEED and BOOCHEVER, Circuit Judges.


ORDER

This is an appeal from an interim award of attorney's fees under 42 U.S.C. § 1988 for services performed in obtaining a permanent injunction. Plaintiffs' claims for damages are pending in the district court.

Plaintiffs move for dismissal of the appeal for lack of jurisdiction. The motion is granted. An interim award of attorneys' fees is not a collateral order appealable under 28 U.S.C. § 1291. ...

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