Thomas Bowater Joseph L. Raponi v. City of Pomona Robert E. Baker Chaim Magnum

45 F.3d 435 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomas BOWATER; Joseph L. Raponi, Plaintiffs-Appellants, v. CITY OF POMONA; Robert E. Baker; Chaim Magnum, Defendants-Appellees. No. 93-55889. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 9, 1994. Decided Dec. 28, 1994. Before: BROWNING, and GOODWIN, Circuit Judges, and QUACKENBUSH, * District Judge. MEMORANDUM ** I. Plaintiffs' appeal of the summary judgment in favor of Magnum is timely. Because the district court did not make the "express determination that there is no just reason for delay" required by Fed.R.App.P. 54(b), see Frank Briscoe Co. v. Morrison-Knudsen Co., 776 F.2d 1414, 1416 (9th Cir.1985); Morrison-Knudsen Co. v. Archer, 655 F.2d 962, 965 (9th Cir.1981), the thirty-day period for appeal did not begin to run until final judgment was entered as to all parties on all claims. Fed.R.App.P. 4(a)(1). II. The district court abused its discretion by granting summary judgment in…