United States Ninth Circuit

When a party withdraws one of its claims before the trial court enters judgment and the action is subsequently dismissed on the merits, the trial court's failure to indicate that the withdrawn claim was dismissed without prejudice does not render its decision a "final judgment on the merits" as to that claim.

Appellate Information

• Argued 03/10/2005
• Decided 04/05/2005
• Published 04/05/2005

Judges

• BERZON, Circuit Judge., Before REINHARDT, BERZON, and BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• William H. Sherlock, Hutchinson, Cox, Coons, DuPriest, Orr & Sherlock, P.C., Eugene, Oregon, and Brett Brownscombe, Hells Canyon Preservation Council, La Grande, OR, for the plaintiff-appellant.


• For Appellees:
  
• Michael W. Mosman, United States Attorney, and Jeffrey K. Handy, Assistant United States Attorney, District of Oregon, Portland, Oregon, Thomas L. Sansonetti, Assistant Attorney General, and James Kilbourne, Todd S. Aagaard, Clay Samford, and Katherine W. Hazard, Environmental & Natural Resources Division, United States Department of Justice, Washington, D.C., for the defendant-appellee.