Unpublished Disposition, 749 F.2d 37 (9th Cir. 1984)

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US Court of Appeals for the Ninth Circuit - 749 F.2d 37 (9th Cir. 1984)

Sharon L.R. Maxwell, Plaintiff-Appelleev.City of Tucson, Defendant-Appellant.

Docket No. 83-1765.

United States Court of Appeals, Ninth Circuit

Nov. 14, 1984.

Before MERRILL, WALLACE, and SKOPIL, Circuit Judges.


PER CURIAM

After filing the Opinion in the above-entitled matter based upon Maxwell's claim pursuant to the Equal Pay Act, we became aware that our court might not have jurisdiction due to what appeared to be an unresolved claim pursuant to Title VII. We therefore requested supplemental briefs from the parties on the jurisdictional issue.

There is no question that Maxwell did assert her Title VII claim during the proceedings and never abandoned it. The district judge did not mention the Title VII claim in the findings of fact or conclusions of law or judgment.

We conclude, based upon this record, that we do not have jurisdiction. The unresolved Title VII claim prevents the judgment of the district court from being final.

We withdraw our Opinion, dismiss the appeal, and remand to the district court for further proceedings.