What is the effect of a statement of abandonment in an appeal of the dismissal of a cause of action?

MultiRegion, United States of America

The following excerpt is from Paige v. Henry J. Kaiser Co., 826 F.2d 857 (9th Cir. 1987):

5 Appellants voluntarily waived their appeal of the dismissal of this cause of action. Associated Gen. Contractors v. San Francisco Unified School Dist., 616 F.2d 1381, 1384 (9th Cir.1980) (express waiver of an issue may occur by a statement of abandonment in appellant's brief). We address the issue, however, because it is jurisdictional.

6 See appellants' concession of this point in footnote 2.

7 See code provisions in footnote 1.

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