Is dismissing a complaint but not the underlying action a final, appealable order?
MultiRegion, United States of America
The following excerpt is from Baker v. Farris, 936 F.2d 576 (9th Cir. 1991):
1 Ordinarily, an order dismissing a complaint but not the underlying action is not a final, appealable order under 28 U.S.C. Sec. 1291. Hoohuli v. Ariyoshi, 741 F.2d 1169, 1171-72 n. 1 (9th Cir.1984). An exception to this rule applies, however, if it appears that the district court intended to dispose of the action. Id.
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