J. Richard Balsbaugh v. City of Westland, a Michigan Municipal Corporation

Sixth Circuit

J. Richard Balsbaugh v. City of Westland, a Michigan Municipal Corporation

458 F.2d 1358, 1972 U.S. App. LEXIS 9650

CourtCourt of Appeals for the Sixth Circuit

DecidedMay 10, 1972

Docket71-1878

StatusPublished

Cited by7 cases

This text of 458 F.2d 1358 (J. Richard Balsbaugh v. City of Westland, a Michigan Municipal Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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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J. Richard Balsbaugh v. City of Westland, a Michigan Municipal Corporation, 458 F.2d 1358, 1972 U.S. App. LEXIS 9650 (6th Cir. 1972).

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Opinion

PER CURIAM.

This is an appeal from a summary judgment entered in favor of the City of Westland only, in an action for damages under the Civil Rights Act, 42 U.S.C. § 1983. See Johnson v. City of Cincinnati, 450 F.2d 796, 798 (6th Cir. 1971).

It appears that the District Court did not make the determination and direction required for a final judgment under Rule 54(b), Fed.R.Civ.P. Without such a determination, the order dismissing as to one of the defendants was not a final order within the meaning of 28 U.S.C. § 1291, and an appeal may not be taken at this time. Accordingly, the appeal is dismissed. Partin v. Hassan Motors, Inc., 363 F.2d 104 (6th Cir. 1966). No costs are awarded.

Dismissed.

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PER CURIAM.

This is an appeal from a summary judgment entered in favor of the City of Westland only, in an action for damages under the Civil Rights Act, 42 U.S.C. § 1983. See Johnson v. City of Cincinnati, 450 F.2d 796, 798 (6th Cir. 1971).

It appears that the District Court did not make the determination and direction required for a final judgment under Rule 54(b), Fed.R.Civ.P. Without such a determination, the order dismissing as to one of the defendants was not a final order within the meaning of 28 U.S.C. § 1291, and an appeal may not be taken at this time. Accordingly, the appeal is dismissed. Partin v. Hassan Motors, Inc., 363 F.2d 104 (6th Cir. 1966). No costs are awarded.

Dismissed.

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458 F.2d 1358, 1972 U.S. App. LEXIS 9650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-richard-balsbaugh-v-city-of-westland-a-michigan-municipal-corporation-ca6-1972.

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