Summary
In Hillery v. Rushen, 702 F.2d 848 (9th Cir. 1983), we granted a motion to dismiss for lack of jurisdiction, holding that an interim fee award under 42 U.S.C. § 1988 was not appealable under § 1291.
Summary of this case from Rosenfeld v. U.S.Opinion
No. 83-1553.
April 1, 1983.
Kenneth C. Young, San Francisco, Cal., for defendants-appellants.
Melvin R. Goldman, Jack W. Londen, Morrison Foerster, San Francisco, Cal., for plaintiffs-appellees.
Appeal from the United States District Court for the Northern District of California.
Before SNEED and BOOCHEVER, Circuit Judges.
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 attorney's fees is not a collateral order appealable under 28 U.S.C. § 1291. See Hastings v. Maine-Endwell 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.