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MEMORANDUM
** This case is remanded to the district court. A 12(b)(6) dismissal is not appropriate. The district court failed to make any determination on whether it has continuing jurisdiction and on what ground. The jurisdictional basis is not self-evident; it is necessarily linked to the nature of the claim being asserted. The issues and proceedings are complex and meaningful appellate review requires a more developed record.
REMANDED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Document Info
Docket Number: Nos. 06-35185, 06-35241
Citation Numbers: 252 F. App'x 183
Judges: Beam, Nelson, Rymer
Filed Date: 10/26/2007
Precedential Status: Precedential
Modified Date: 11/24/2022