United States Ninth Circuit

When a party who suffers an adverse partial judgment subsequently dismisses remaining claims without prejudice with the approval of the district court, and the record reveals no evidence of intent to manipulate appellate jurisdiction, the judgment entered after the district court grants the motion to dismiss is final and appealable under 28 U.S.C. section 1291.

Appellate Information

• Decided 03/12/2002
• Published 03/12/2002

Judges

• KOZINSKI, Circuit Judge:, Before: KOZINSKI and GOULD, Circuit Judges, and SCHWARZER, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John P. Mele,Ryan, Swanson & Cleveland, PLLC, Seattle, WA, argued the cause for the plaintiff-appellant.


• For Appellees:
  
• David R. Goodnight, Dorsey & Whitney LLP, Seattle, WA, argued the cause for the defendants-appellees;  Joseph C. Klein assisted on the brief.