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488 F.2d 973

Docket No. 73-3451

Tarlton v. Dill

Fifth Circuit Court of Appeals

Decided Jan. 23, 1974.

Rehearing Denied March 4, 1974.

Fifth Circuit Court of Appeals · decided 1974-01-23

Cited by 1 later decisions — most recently January 1974

1 federal appellate ·

4 counsel of record

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

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Bailey v. Rowan Drilling Co. · Ratner v. Scientific Resources Corp.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1974-01-23

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¶1Summary Calendar.*

¶2*974John Brent Tarlton, Jr., pro se.

¶3Robert B. Wilson, Asst. U. S. Atty., Lubbock, Tex., for H. Gnepper.

¶4R. W. Webb, Snyder, Tex., for Charl-sie M. Tarlton.

¶5George R. Killam, Jr., County Atty., Snyder, Tex., W. E. Smith, Asst. U. S. Atty.; Ft. Worth, Tex., Jack Boone, Asst. Atty. Gen., Austin, Tex., for defendants-appellees.

¶6Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

¶8PER CURIAM:

¶9John Brent Tarlton, Jr., a federal prisoner, filed a Civil Rights action for damages against several named individuals. The district court granted Defendant Herb Gnepper’s motion for summary judgment, and Tarlton has taken this appeal from that ruling. Summary judgment motions on behalf of several other defendants were denied, and it is clear that except as to Gnepper the action is still pending below.

¶10Since summary judgment was granted in favor of only one of the several defendants, it is not a final judgment ap-pealable of right under 28 U.S.C. Sec. 1291. Nor has there been any attempt to comply with the requirements of 28 U.S.C. Sec. 1292(b) governing interlocutory appeals, or an express determination by the district court that there is no just reason for delay and direction of entry of final judgment in favor of Gnepper. See Rule 54(b), F.R.Civ.P. Therefore the judgment appealed from lacks the requisite finality to be appeala-ble, and the appeal must be and is hereby dismissed for want of jurisdiction. McCormick v. Landrieu, 5 Cir. 1972, 469 F.2d 673; Ratner v. Scientific Resources Corp., 5 Cir. 1971, 462 F.2d 616; Bailey v. Rowan Drilling Co., Inc., 5 Cir. 1971, 441 F.2d 57.

¶11Appeal dismissed.

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