Fugate v. Morton

Ninth Circuit

Fugate v. Morton

510 F.2d 307

Court of Appeals for the Ninth Circuit·Decided January 23, 1975·No. No. 74-2128·Published·Cited by 8 cases

Opinion

OPINION

PER CURIAM:

Fugate has appealed the District Court’s stay of his case pending a hearing on his removal by the Civil Service Commission. The weight of authority holds such an order by the district court to be nonappealable since it does not meet the finality requirement of 28 U.S.C. § 1291 (1970). Barfield v. Weinberger, 485 F.2d 696 (5th Cir. 1973); Pauls v. Secretary of Air Force, 457 F.2d 294 (1st Cir. 1972); United Transportation Union v. Illinois, 433 F.2d 566 (7th Cir. 1970); Transportation-Communication Div. v. St. Louis-San Francisco Ry., 419 F.2d 933 (8th Cir. 1969); Mayersky v. Celebrezze, 353 F.2d 89 (3rd Cir. 1965). This appeal is therefore dismissed.

(See this Court’s Order of May 23, 1974.)

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OPINION

PER CURIAM:

Fugate has appealed the District Court’s stay of his case pending a hearing on his removal by the Civil Service Commission. The weight of authority holds such an order by the district court to be nonappealable since it does not meet the finality requirement of 28 U.S.C. § 1291 (1970). Barfield v. Weinberger, 485 F.2d 696 (5th Cir. 1973); Pauls v. Secretary of Air Force, 457 F.2d 294 (1st Cir. 1972); United Transportation Union v. Illinois, 433 F.2d 566 (7th Cir. 1970); Transportation-Communication Div. v. St. Louis-San Francisco Ry., 419 F.2d 933 (8th Cir. 1969); Mayersky v. Celebrezze, 353 F.2d 89 (3rd Cir. 1965). This appeal is therefore dismissed.

(See this Court’s Order of May 23, 1974.)

Fugate v. Morton, 510 F.2d 307 (9th Cir. 1975).

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Walter H. Kupau, Gordon Yanagawa, and Robert Oyadomari v. Masayuki Yamamoto, Stanley Ito, William Sidell, United Brotherhood of Carpenters and Joiners of America, Local 745, Afl-Cio, and United Brotherhood of Carpenters and Joiners of America, Ray Marshall, Secretary of Labor, United States Department of Labor v. Local Union No. 745, United Brotherhood of Carpenters and Joiners of America, Afl-Cio, and Walter H. Kupau, Applicants for Intervention, Ray Marshall, Secretary of Labor, United States Department of Labor v. Local Union No. 745, United Brotherhood of Carpenters and Joiners of America, Afl-Cio, and Walter H. Kupau, Applicants for Intervention

622 F.2d 449 (Ninth Circuit, 1980)

Giordano v. Roudebush

565 F.2d 1015 (Eighth Circuit, 1977)

Opinion

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