510 F.2d 307 - Fugate v. Morton — 510 F.2d 307

How this case has been cited

Cited by 118 later decisions (1 by the Supreme Court) — most recently August 2006 · most notably Mitchell v. Toledo Hospital (1992), Smith v. City of Jackson (2005)

111 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1See 95 S.Ct. 2665.

¶2W. Edward Morgan, Tucson, Ariz., for petitioner-appellant.

¶3James D. Whitney, Asst. U. S. Atty., Tucson, Ariz., for respondent-appellee.

¶4Before VAN OOSTERHOUT,* BARNES and HUFSTEDLER, Circuit Judges.

¶6OPINION

¶7PER CURIAM:

¶8Fugate has appealed the District Court’s stay of his case pending a hearing on his removal by the Civil Service Commission. The weight of authority holds such an order by the district court to be nonappealable since it does not meet the finality requirement of 28 U.S.C. § 1291 (1970). Barfield v. Weinberger, 485 F.2d 696 (5th Cir. 1973); Pauls v. Secretary of Air Force, 457 F.2d 294 (1st Cir. 1972); United Transportation Union v. Illinois, 433 F.2d 566 (7th Cir. 1970); Transportation-Communication Div. v. St. Louis-San Francisco Ry., 419 F.2d 933 (8th Cir. 1969); Mayersky v. Celebrezze, 353 F.2d 89 (3rd Cir. 1965). This appeal is therefore dismissed.

¶9(See this Court’s Order of May 23, 1974.)