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BALLARD v. BALDRIDGE

No. 99-17369.

209 F.3d 1160 (2000)

Douglas BALLARD, Plaintiff-Appellant, v. Randy BALDRIDGE, City of Casa Grande Fire Marshall; Brad Johnson, City of Casa Grande Building Inspector; Kent Myers, City of Casa Grande Manager; Ron Gibson, City of Casa Grande Fire Inspector; Doug Currie, City of Casa Grande Building Inspector; Bob Mitchell, City of Casa Grande Mayor; Ralph West, City of Casa Grande Councilman; Stephen Cooper; Vernon Hancock; Richard Reid; Rudy Salazar; Merril Forsyth, City of Casa Grande Councilmen, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

April 17, 2000.

Attorney(s) appearing for the Case

A. Thomas Cole, Cole & O'Neil, Casa Grande, Arizona for the plaintiff-appellant.

Scott A. Salmon, O'Connor, Cavanagh, Anderson, Killingswoth & Beshears, Phoenix, Arizona, Ezra Hendon, Crosby, Heafey, Roach & May, Oakland, California, for the defendants-appellees.

Before: FLETCHER, D.W. NELSON, and BEEZER, Circuit Judges.

ORDER

We dismiss without prejudice the appeal for lack of jurisdiction because the district court's order vacating the judgment was not a final order. See 28 U.S.C. § 1291. A final order is a "decision by the District Court that `ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.' Catlin v. United States, 324 U.S. 229, 233, 65 S.Ct. 631, 89 L.Ed. 911 (1945)." Coopers...

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