McCormick v. Landrieu

Fifth Circuit Court of Appeals

Decided Nov. 22, 1972.

Fifth Circuit Court of Appeals · decided 1972-11-22

Cited by 6 later decisions — most recently June 1978

6 federal appellate ·

2 counsel of record

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1292

Relies on United States v. Hill

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1972-11-22

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¶1Louis R. Koerner, Jr., New Orleans, La., for plaintiff-appellant.

¶2Blake G. Arata, City Atty., Robert K. Tracy, Charles C. Foti, Jr., Maurice R. Franks, Numa Y. Bertel, Jr., New Orleans, La., for defendants-appellees.

¶3Before COLEMAN, GOLDBERG and GODBOLD, Circuit Judges.

¶4PER CURIAM:

¶5This is an attempt to appeal from an order of the trial court dismissing some but not all of the parties defendant. Appellant’s attorney has now agreed that the order appealed from is not a “final judgment” under 28 U.S.C.A. § 1291 and that neither 28 U.S.C.A. § 1292(b) nor Rule 54(b), Fed.R.Civ.P., justifies our presently reviewing the dismissal order. See Wright, Federal Courts §§ 101, 102 (2d ed. 1970). An appeal of the dismissal order must thus await the entry of a final judgment in the district court, and this appeal will be dismissed.

¶6Appeal dismissed.