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CITY OF LOS ANGELES v. SANTA MONICA BAYKEEPER

Nos. 00-55396, 00-55397.

254 F.3d 882 (2001)

CITY OF LOS ANGELES, HARBOR DIVISION, a Municipal Corporation, Petitioner-Appellant, and Kaiser International, a Corporation, Petitioner, v. SANTA MONICA BAYKEEPER, a Non-Profit Corporation; Terry Tamminen, an Individual, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2001.

Attorney(s) appearing for the Case

William L. Waterhouse (Argued and Briefed), Office of the Los Angeles City Attorney, San Pedro, California, for petitioner-appellant City of Los Angeles, Harbor Division.

Steven A. Broiles (Argued and Briefed), Broiles & Timms, LLP, Los Angeles, California, for petitioner-appellant Kaiser International.

Eric A. Amador (Argued and Briefed), Kimble, MacMichael & Upton, Fresno, California, for the respondents-appellees.

Daniel G. Cooper (Appeared did not argue), Lawyers for Clean Water, San Francisco, California, for the respondents-appellees.

Before: STEPHEN S. TROTT, A. WALLACE TASHIMA, and WILLIAM A. FLETCHER, Circuit Judges.

Argued and Submitted June 5, 2001 — Pasadena, California.

TROTT, Circuit Judge:

OVERVIEW

This appeal concerns the validity of a rescission order issued by the district court purporting to withdraw its previous order certifying an interlocutory appeal, and the effect the rescission order has on our ability to hear this appeal. We conclude that the rescission order was properly issued by the district court, and that we therefore lack jurisdiction...

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