Unpublished Disposition, 895 F.2d 1417 (9th Cir. 1989)

Annotate this Case
U.S. Court of Appeals for the Ninth Circuit - 895 F.2d 1417 (9th Cir. 1989)

Sylvester GRAVES, individually and as next friend ofAntionette Milliner, and Clinton Reginald Agee,minors, et al., Plaintiffs-Appellants,v.RAYPAK, INC., a California corporation, et al., Defendants-Appellees.

No. 89-15916.

United States Court of Appeals, Ninth Circuit.

Submitted to Motions Panel Nov. 30, 1989.Decided Feb. 2, 1990.

Before HUG, WIGGINS and BRUNETTI, Circuit Judges.


The December 11, 1989, published order which disposed of appellee Hamilton's motion to dismiss this appeal as to certain parties is withdrawn.

This case is similar to National Center for Immigrants' Rights, Inc. v. Immigration & Naturalization Service, No. 88-5774, slip op. at 14671, 14675 (9th Cir. Dec. 21, 1989). In this case, no names of plaintiffs were listed in the body of the notice, with the omission of one plaintiff, as was the situation in Torres v. Oakland Scavenger Co., 487 U.S. 312 (1988).

Here, the term "plaintiffs" was used in the body of the notice. That term fairly indicates that all, not just some, of the plaintiffs were seeking to appeal. We held in National Center that the term "defendants" in its normal usage means all defendants, not just some. Similarly, the normal usage of the term "plaintiffs" means all of the plaintiffs, not just some. Therefore, the motion to dismiss this appeal as to some of the plaintiffs is denied.