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204 F.2d 509

Docket No. 14420.

Farmer v. Powers

Fifth Circuit Court of Appeals

Decided May 19, 1953.

Fifth Circuit Court of Appeals · decided 1953-05-19

Cited by 11 later decisions — most recently February 1960

10 federal appellate · 1 state decisions

2 counsel of record

Relies on Reeves v. Beardall · Hohorst v. Packet Co · Bendix Aviation Corp. v. Glass

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1953-05-19

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¶1Amos L. Ponder, Jr., New Orleans, La., L. B. Ponder, Jr., Amite, La., for appellant.

¶2*510P. A. Bienvenu, New Orleans, La., Bien-venu & Culver, New Orleans, La., for ap-pellees.

¶3Before HOLMES, BORAH and RIVES, Circuit Judges.

¶4PER CURIAM.

¶5The judgment quashing service and dismissing the action as to Powers lacked finality inasmuch as the alleged liability is joint or interrelated and the action against the other joint tort feasor was not disposed of by the judgment. Hunteman v. New Orleans Public Service, Inc., 5 Cir., 119 F.2d 465, 466; Hohorst v. Hamburg-American Packet Co., 148 U.S. 262, 264, 13 S.Ct. 590, 37 L.Ed. 443; United States v. Girault, 11 How. 22, 13 L.Ed. 587. The determination and direction required by Rule 54(b), Federal Rules of Civil Procedure, 28 U.S.C.A., have not been made and we therefore express no opinion as to the availability vel non of that rule. See Reeves v. Beardall, Executor, 316 U.S. 283, 286, 62 S.Ct. 1085, 86 L.Ed. 1478; Boston Medical Supply Co. v. Lea & Febiger, 1 Cir., 195 F. 2d 853,855; Bendix Aviation Corp. v. Glass, 3 Cir., 195 F.2d 267. This Court lacking jurisdiction, the appeal is dismissed.

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