Is a motion to dismiss for failure to state a claim reviewable on appeal?
MultiRegion, United States of America
The following excerpt is from Roth v. Veteran's Admin. of Government of U.S., 856 F.2d 1401 (9th Cir. 1988):
1 The district court's denial of defendants' first two motions, i.e., their motion to dismiss for failure to state a claim and their motion for judgment on the pleadings, is not a final judgment and therefore is not reviewable on appeal. 28 U.S.C. Sec. 1291 (1982); Simons v. United States, 497 F.2d 1046, 1050 (9th Cir.1974).
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