International Harvester Credit Corporation v. Edward R. Belding

Fifth Circuit

International Harvester Credit Corporation v. Edward R. Belding

462 F.2d 624, 1972 U.S. App. LEXIS 8857

Court of Appeals for the Fifth Circuit·Decided June 21, 1972·No. 72-1021·Published·Cited by 7 cases

Opinion

PER CURIAM:

The entry of judgment in the within matter adjudicated fewer than all of the claims, and the liabilities of fewer than all of the parties in and to the litigation. There has been no entry of final judgment by the district court upon an express determination that there is no just reason for delay as is required by Rule 54(b), F.R.Civ.Procedure. Hence, the judgment lacks the requisite finality to be appealable within the meaning of 28 U.S.C.A. § 1291. Bailey v. Rowan Drilling Company, 5 Cir., 1971, 441 F.2d 57; Cook v. Eizenman, 5 Cir., 1963, 312 F.2d 134.

Dismissed.

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PER CURIAM:

The entry of judgment in the within matter adjudicated fewer than all of the claims, and the liabilities of fewer than all of the parties in and to the litigation. There has been no entry of final judgment by the district court upon an express determination that there is no just reason for delay as is required by Rule 54(b), F.R.Civ.Procedure. Hence, the judgment lacks the requisite finality to be appealable within the meaning of 28 U.S.C.A. § 1291. Bailey v. Rowan Drilling Company, 5 Cir., 1971, 441 F.2d 57; Cook v. Eizenman, 5 Cir., 1963, 312 F.2d 134.

Dismissed.

International Harvester Credit Corporation v. Edward R. Belding, 462 F.2d 624, 1972 U.S. App. LEXIS 8857 (5th Cir. 1972).

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Opinion

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