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838 F.2d 466

838 F.2d 466

Willie LLOYD, Plaintiff-Appellant, and James E. TONEY, Jr., Curtis Covington, V.E. Bennett, Lawrence T. Dye, Freddie Mack Ellison; A.D. Mcrae, Jr., Percy C. Miller, H.L. Nelson, Marvin J. Odom, Levander Patrick, Henry L. Williams, James E. Arnold, J.E. Swinney, individually and on behalf of all others similarly situated, Plaintiffs, v. SEABOARD SYSTEM RAILROAD, a corporation, Defendant-Appellee, and UNITED TRANSPORTATION UNION, Local 1011, a labor union, International United Transportation Union, a labor union, Defendants.

Relies on Robinson v. Parke-Davis & Co.

Opinion by Per Curiam ·

No. 87-3572.

United States Court of Appeals, Fourth Circuit.

Submitted Nov. 19, 1987.
Decided Jan. 28, 1988.

Willie Lloyd, appellant pro se.

Thomas A. Farr, Frank Pelouze Ward, Jr., Maupin, Taylor, Ellis & Adams, PA, for appellee.

Before JAMES DICKSON PHILLIPS and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

¶1

Willie Lloyd, one of fourteen plaintiffs in an employment discrimination action filed against the Seaboard System Railroad under 42 U.S.C. Sec. 2000e et seq. and 42 U.S.C. Sec. 1981, appeals the dismissal of his claims. Appellee Railroad seeks dismissal of the appeal on the basis, in part, that the order appealed from is interlocutory.

¶2

The claims of several of Lloyd's coplaintiffs remain pending in the district court. Because the order appealed from adjudicated fewer than all the claims of all the parties, it is not a final order appealable under 28 U.S.C. Sec. 1291. Lloyd can appeal the adjudication of his claims at this point only if the order expressly directed entry of final judgment as to his claims upon an express determination that there was no just reason for delay. Fed.R.Civ.P. 54(b); see Robinson v. Parke-Davis and Co., 685 F.2d 912 (4th Cir.1982). As no such direction or determination has been made, we dismiss the appeal as interlocutory. We dispense with oral argument because the dispositive issues have been decided authoritatively.

¶3

DISMISSED.

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