Ethel Stone Levy v. The New York Stock Exchange and Robert W. Haack, President

Fifth Circuit

Ethel Stone Levy v. The New York Stock Exchange and Robert W. Haack, President

451 F.2d 591

Court of Appeals for the Fifth Circuit·Decided December 23, 1971·No. 71-1948·Published

Opinion

BY THE COURT:

It is clear in the instant case that there is no final judgment from which plaintiff may appeal. 28 U.S.C.A. § 1291. Plaintiff originally brought suit against numerous parties, only a portion of whom were dismissed by the district court’s orders of December 16, 1970 and March 1, 1971.

It is, therefore, ordered in the above entitled and numbered cause that the attempted appeal from the district court’s order of December 16, 1970 and its order dismissing several of the defendants on March 1, 1971 is dismissed for want of jurisdiction. 1

1

. See Hamman v. United States, 9th Cir. 1968, 399 F.2d 673; Partin v. Hassan Motors, Inc., 6th Cir. 1966, 363 F.2d 104; Bush v. United Benefit Fire Ins. Co., 5th Cir. 1963, 311 F.2d 893; Miles v. City of Chandler, 9th Cir. 1961, 297 F.2d 690; Barron & Holtzoff, Federal Practice and Procedure § 1193.2 (Wright ed. Supp. 1970) ; Moore’s Federal Practice If 54.34 [2].

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BY THE COURT:

It is clear in the instant case that there is no final judgment from which plaintiff may appeal. 28 U.S.C.A. § 1291. Plaintiff originally brought suit against numerous parties, only a portion of whom were dismissed by the district court’s orders of December 16, 1970 and March 1, 1971.

It is, therefore, ordered in the above entitled and numbered cause that the attempted appeal from the district court’s order of December 16, 1970 and its order dismissing several of the defendants on March 1, 1971 is dismissed for want of jurisdiction. 1

1

. See Hamman v. United States, 9th Cir. 1968, 399 F.2d 673; Partin v. Hassan Motors, Inc., 6th Cir. 1966, 363 F.2d 104; Bush v. United Benefit Fire Ins. Co., 5th Cir. 1963, 311 F.2d 893; Miles v. City of Chandler, 9th Cir. 1961, 297 F.2d 690; Barron & Holtzoff, Federal Practice and Procedure § 1193.2 (Wright ed. Supp. 1970) ; Moore’s Federal Practice If 54.34 [2].

Ethel Stone Levy v. The New York Stock Exchange and Robert W. Haack, President, 451 F.2d 591 (5th Cir. 1971).

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