Farmer v. Powers

Fifth Circuit

Farmer v. Powers

204 F.2d 509, 1953 U.S. App. LEXIS 2461

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 19, 1953

Docket14420

StatusPublished

Cited by7 cases

This text of 204 F.2d 509 (Farmer v. Powers) 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.

Bluebook

Farmer v. Powers, 204 F.2d 509, 1953 U.S. App. LEXIS 2461 (5th Cir. 1953).

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Opinion

PER CURIAM.

The judgment quashing service and dismissing the action as to Powers lacked finality inasmuch as the alleged liability is joint or interrelated and the action against the other joint tort feasor was not disposed of by the judgment. Hunteman v. New Orleans Public Service, Inc., 5 Cir., 119 F.2d 465, 466; Hohorst v. Hamburg-American Packet Co., 148 U.S. 262, 264, 13 S.Ct. 590, 37 L.Ed. 443; United States v. Girault, 11 How. 22, 13 L.Ed. 587. The determination and direction required by Rule 54(b), Federal Rules of Civil Procedure, 28 U.S.C.A., have not been made and we therefore express no opinion as to the availability vel non of that rule. See Reeves v. Beardall, Executor, 316 U.S. 283, 286, 62 S.Ct. 1085, 86 L.Ed. 1478; Boston Medical Supply Co. v. Lea & Febiger, 1 Cir., 195 F. 2d 853,855; Bendix Aviation Corp. v. Glass, 3 Cir., 195 F.2d 267. This Court lacking jurisdiction, the appeal is dismissed.

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PER CURIAM.

The judgment quashing service and dismissing the action as to Powers lacked finality inasmuch as the alleged liability is joint or interrelated and the action against the other joint tort feasor was not disposed of by the judgment. Hunteman v. New Orleans Public Service, Inc., 5 Cir., 119 F.2d 465, 466; Hohorst v. Hamburg-American Packet Co., 148 U.S. 262, 264, 13 S.Ct. 590, 37 L.Ed. 443; United States v. Girault, 11 How. 22, 13 L.Ed. 587. The determination and direction required by Rule 54(b), Federal Rules of Civil Procedure, 28 U.S.C.A., have not been made and we therefore express no opinion as to the availability vel non of that rule. See Reeves v. Beardall, Executor, 316 U.S. 283, 286, 62 S.Ct. 1085, 86 L.Ed. 1478; Boston Medical Supply Co. v. Lea & Febiger, 1 Cir., 195 F. 2d 853,855; Bendix Aviation Corp. v. Glass, 3 Cir., 195 F.2d 267. This Court lacking jurisdiction, the appeal is dismissed.

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Bluebook (online)

204 F.2d 509, 1953 U.S. App. LEXIS 2461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmer-v-powers-ca5-1953.

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