United States of America v. State of Washington

573 F.2d 1121 UNITED STATES of America et al., Plaintiffs-Appellees, v. STATE OF WASHINGTON, Defendant-Appellant. No. 77-2497. United States Court of Appeals, Ninth Circuit. April 24, 1978. James M. Johnson, Asst. Atty. Gen., Olympia, Wash., for defendant-appellant. James W. Moorman, Acting Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for plaintiffs-appellees. Appeal from the United States District Court for the Western District of Washington. Before CHAMBERS and KENNEDY, Circuit Judges, and JAMESON, * District Judge. KENNEDY, Circuit Judge: 1 The State of Washington moved in the district court to disqualify the trial judge from any further proceedings in United States v. Washington. See United States v. Washington, 384 F.Supp. 312 (W.D.Wash.1974), aff'd, 520 F.2d 676 (9th Cir. 1975), cert. denied, 423 U.S. 1086 , 96 S.Ct. 877 , 47 L.Ed.2d 97 (1976). The motion was denied, and the state seeks to appeal that ruling. The United States has moved to dismiss the appeal for lack of jurisdiction. We agree that the ruling in question is not an appealable order, and we dismiss the appeal. 2 Early authority in this circuit, and more recent authority generally, hold that denial of…