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HERRINGTON v. COUNTY OF SONOMA

Nos. 81-4664, 81-7853.

706 F.2d 938 (1983)

John S. HERRINGTON, David S. Herrington, and Quail Hill Ranch, a partnership, Plaintiffs-Appellants, v. The COUNTY OF SONOMA, Defendant-Appellee. John S. HERRINGTON, David S. Herrington, and Quail Hill Ranch, a partnership, Petitioners, v. UNITED STATES DISTRICT COURT FOR the NORTHERN DISTRICT OF CALIFORNIA, Respondent. The County of Sonoma, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Decided May 24, 1983.

Attorney(s) appearing for the Case

M. Reed Hunter, Goldstein, Barceloux & Goldstein, San Francisco, Cal., for plaintiffs-appellants and petitioners.

John E. Carey, Jr., Tarkington & Carey, San Francisco, Cal., for defendant-appellee and respondent.

Before WRIGHT, ANDERSON, and CANBY, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

This disposition is an explanation of our November 10, 1982 order reversing the district court and denying the petition for writ of mandamus.

JURISDICTION

Appellee argues this court does not have jurisdiction over the appeal because the order of the district court was not a "final decision." 28 U.S.C. § 1291. We reject this contention because the impact here was to send Herrington "effectively out of court...

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