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LOPEZ v. CITY OF NEEDLES, CA

No. 95-55161.

95 F.3d 20 (1996)

Ruth LOPEZ, Plaintiff-Appellant, v. CITY OF NEEDLES, CA, a Municipal Corporation; Leon Berger; William Cetti; Roy Mills; Flora Hill; Leroy Morgan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 30, 1996.

Attorney(s) appearing for the Case

Marjorie M. Mikels, Mikels & Associates, Upland, California, for plaintiff-appellant.

Matt H. Morris, Best, Best & Krieger, Rancho Mirage, California, for defendants-appellees The City of Needles, et al.

Scott J. Grossberg and Susan M. Sharpless, Cihigoyenetche, Grossberg & Clouse, Ontario, California, for defendant-appellee Leroy Morgan.

Before: HALL, O'SCANNLAIN and KLEINFELD, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether an order dismissing a complaint without prejudice may be treated as an appealable final decision when the plaintiff fails to notify the district court of her intention to stand on the dismissed complaint.

I

At an October 4, 1993 meeting of the Needles City Council, Council member Ruth Lopez announced that she had been informed of possible hazardous waste dumping in the City of Needles sewer treatment...

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