Barney W. Johnson v. James Webb, Gordon W. Smith, Individually and D/B/A Smitty's Speakeasy Pool Hall

Fifth Circuit

Barney W. Johnson v. James Webb, Gordon W. Smith, Individually and D/B/A Smitty's Speakeasy Pool Hall

659 F.2d 487, 1981 U.S. App. LEXIS 17050

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 7, 1981

Docket80-3700

StatusPublished

This text of 659 F.2d 487 (Barney W. Johnson v. James Webb, Gordon W. Smith, Individually and D/B/A Smitty's Speakeasy Pool Hall) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Barney W. Johnson v. James Webb, Gordon W. Smith, Individually and D/B/A Smitty's Speakeasy Pool Hall, 659 F.2d 487, 1981 U.S. App. LEXIS 17050 (5th Cir. 1981).

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Opinion

BY THE COURT:

The district court having declined to enter an amended Rule 54(b) certificate on the remand earlier ordered, and the present certificate being insufficient to confer jurisdiction upon us, 1 we DISMISS the appeal for want of jurisdiction.

DISMISSED.

1

. Although the certificate contains one of the determinations required by Rule 54(b), Fed.R. Civ.P., “an express direction for entry of judgment,” it does not contain the required “express determination that there is no just reason for delay.” See M.O.N.T. Boat Rental v. Union Oil Co., 613 F.2d 576, 581 n.12 (5th Cir. 1980).

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BY THE COURT:

The district court having declined to enter an amended Rule 54(b) certificate on the remand earlier ordered, and the present certificate being insufficient to confer jurisdiction upon us, 1 we DISMISS the appeal for want of jurisdiction.

DISMISSED.

1

. Although the certificate contains one of the determinations required by Rule 54(b), Fed.R. Civ.P., “an express direction for entry of judgment,” it does not contain the required “express determination that there is no just reason for delay.” See M.O.N.T. Boat Rental v. Union Oil Co., 613 F.2d 576, 581 n.12 (5th Cir. 1980).

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659 F.2d 487, 1981 U.S. App. LEXIS 17050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barney-w-johnson-v-james-webb-gordon-w-smith-individually-and-dba-ca5-1981.

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