John Ziomek Robert A. Tomei David S. Mana Jeffrey J. Gotelli v. City and County of San Francisco, and Carolyn J. Jenkins

67 F.3d 311 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John ZIOMEK; Robert A. Tomei; David S. Mana; Jeffrey J. Gotelli, Plaintiffs-Appellees, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant-Appellant, and Carolyn J. Jenkins, Defendant. No. 94-15360. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 15, 1995. Decided Sept. 25, 1995. Before: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 We are asked to determine ownership of nine acres of non-federal land. Before making such a determination, however, we must identify the source of federal jurisdiction over this claim. 3 Pursuant to 28 U.S.C. Sec. 1331 , the district courts are vested with original jurisdiction of "all civil actions arising under the Constitution, laws, or treaties of the United States." A claim "arises under" federal law within the meaning of section 1331 if it is apparent from the face of the plaintiff's complaint either (1) that a federal law creates the…