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917 F2d 28 Sole v. Baron

917 F.2d 28

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

Eugene SOLE, Plaintiff-Appellant,
v.
Richard BARON and Audrey Goldstein, as Executors of the
Estate of Carl Baron, and Individually as
Distributees of the Estate of Carl
Baron, Defendants-Appellees.

No. 90-55156.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 23, 1990.*
Decided Oct. 25, 1990.

Before HUG, NELSON and LEAVY, Circuit Judges.

1

MEMORANDUM**

2

Eugene Sole appeals from the district court's order dismissing his complaint without prejudice to allow Sole the opportunity to amend. The district court did not issue a final appealable order under 28 U.S.C. Sec. 1291. See Hoohuli v. Ariyoshi, 741 F.2d 1169, 1171 n. 1 (9th Cir.1984) (ordinarily an order dismissing a complaint but not dismissing the action is not appealable under section 1291). Therefore, we do not have jurisdiction to hear this appeal. See id.

3

DISMISSED.

*

The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a) and 9th Cir.R. 34-4

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3