Weyerhaeuser Company, a Washington Corporation v. International Longshoremen's and Warehousemen's Union, Local 21, 733 F.2d 645

The International Longshoremen’s and Warehousemen’s Union (the Union) appeals from the district court’s order finding it in contempt for continuing to violate a previous injunction upheld by this court. The district court stayed its decision on sanctions pending this appeal. We dismiss the appeal for lack of jurisdiction under 28 U.S.C. §§ 1291, 1292 (1982).

A contempt order, is not a final order under 28 U.S.C. § 1291 prior to the imposition of sanctions. See Steinert v. United States, 571 F.2d 1105, 1107 (9th Cir.1978) (dicta); Western Pacific Railroad Corp. v. Western Pacific Railroad Company, 216 F.2d 513, 515 (9th Cir.1954). See also United States v. Hankins, 565 F.2d 1344, 1352 (5th Cir.1978), cert. denied, 440 U.S. 909, 99 S.Ct. 1218, 59 L.Ed.2d 457 (1979); S.E.C. v. Naftalin, 460 F.2d 471, 475 (8th Cir.1972).

The order is not appealable under 28 U.S.C. § 1292, as an appeal from an order continuing an injunction. It is not an order continuing an injunction because the district court has not yet imposed sanctions. Cf. Sanders v. Monsanto Co., 574 F.2d 198, 199 (5th Cir.1978) (denial of contempt order appealable under section 1292 when no further action necessary in district court).

Further proceedings remain in the district court that could result in a second appeal if the instant order is affirmed. The contempt order may be reviewed effectively on appeal from the final judgment Flanagan v. United States, — U.S. -, 104 S.Ct. 1051, 1055, 79 L.Ed.2d 288 (1984). We lack jurisdiction over this appeal.

Case Details

Case Name: Weyerhaeuser Company, a Washington Corporation v. International Longshoremen's and Warehousemen's Union, Local 21

Court Name: Court of Appeals for the Ninth Circuit

Date Published: May 14, 1984

Citations: 733 F.2d 645; 1984 U.S. App. LEXIS 22529; 83-4125

Docket Number: 83-4125

Court Abbreviation: 9th Cir.