Alexander v. United States

Federal Circuit

Alexander v. United States

50 F. App'x 435

CourtCourt of Appeals for the Federal Circuit

DecidedNovember 1, 2002

DocketNo. 02-5158

StatusPublished

Cited by1 cases

This text of 50 F. App'x 435 (Alexander v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alexander v. United States, 50 F. App'x 435 (Fed. Cir. 2002).

Pincite

Opinion

DYK, Circuit Judge.

ORDER

The United States moves to dismiss Michael J. Alexander’s appeal as premature. Alexander opposes. The United States replies.

Alexander sued in the Court of Federal Claims, seeking reinstatement to the Michigan Air National Guard, back pay, and severance pay. The Court of Federal Claims granted the United States’ motion to dismiss Alexander’s claims for reinstatement and back pay but denied the United States’ motion to dismiss his claim for severance pay. Alexander appealed.

The United States correctly argues that there is no final judgment in this case and that the appeal is thus premature. Spraytex, Inc. v. DJS & T, 96 F.3d 1377, 1379 (Fed.Cir.1996) (there is no final judgment until a judgment is entered adjudicating all of the claims); Fed.R.Civ.P. 54(b).

[436]*436Accordingly,

IT IS ORDERED THAT:

(1) The United States’ motion to dismiss is granted.

(2) Each side shall bear its own costs.

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