Booker T. Hillery, Jr. v. Ruth L. Rushen, Etc., 702 F.2d 848

ORDER

This is an appeal from an interim award of attorney’s fees under 42 U.S.C. § 1988 for services performed in obtaining a permanent injunction. Plaintiffs’ claims for damages are pending in the district court.

Plaintiffs move for dismissal of the appeal for lack of jurisdiction. The motion is granted. An interim award of attorneys’ fees is not a collateral order appealable under 28 U.S.C. § 1291. See Hastings v. Maine-Endweli Central School District, 676 F.2d 893 (2d Cir.1982); Ruiz v. Estelle, 609 F.2d 118 (5th Cir.1980). Cf. Hain Pure Food Co. v. Sona Food Products Co., 618 F.2d 521 (9th Cir.1980) (per curiam). Appellants’ distinction between fees awarded in connection with a permanent injunction and a preliminary injunction as in Hastings is without significance.

Case Details

Case Name: Booker T. Hillery, Jr. v. Ruth L. Rushen, Etc.

Court Name: Court of Appeals for the Ninth Circuit

Date Published: Apr 1, 1983

Citations: 702 F.2d 848; 1983 U.S. App. LEXIS 31461; 83-1553

Docket Number: 83-1553

Court Abbreviation: 9th Cir.