Unpublished Disposition, 921 F.2d 282 (9th Cir. 1990)

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US Court of Appeals for the Ninth Circuit - 921 F.2d 282 (9th Cir. 1990)

UNITED STATES of America, for the use of C. MARTIN COMPANY,INC., Plaintiff,C. Martin Company, Plaintiff-Appellant,v.AMERICAN HOME ASSURANCE COMPANY, Service Technicians, Inc.,Defendants-Appellees.

No. 90-55389.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Dec. 4, 1990.Decided Dec. 18, 1990.

Before JAMES R. BROWING, PREGERSON and LEAVY, Circuit Judges.


C. Martin Company purports to appeal a magistrate's findings on the amount of attorneys' fees Martin should recover after a successful defense of a counterclaim in a related action. The district court has not adopted the findings of the magistrate nor otherwise issued a final order setting the amount of the fees. Because there has been no final order, we have no jurisdiction to hear this appeal. See Alaniz v. California Processors, Inc., 690 F.2d 717, 719 (9th Cir. 1982). Pursuant to 28 U.S.C. § 1631, we order that this case be transferred to the district court for further proceedings. See In re San Vicente Medical Partners Ltd., 865 F.2d 1128, 1131 (9th Cir. 1989).