Jefferson P. McCormick Jr. v. Maurice Landrieu

Fifth Circuit

Jefferson P. McCormick Jr. v. Maurice Landrieu

469 F.2d 673

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 22, 1972

Docket71-3129

StatusPublished

Cited by5 cases

This text of 469 F.2d 673 (Jefferson P. McCormick Jr. v. Maurice Landrieu) 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

Jefferson P. McCormick Jr. v. Maurice Landrieu, 469 F.2d 673 (5th Cir. 1972).

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Opinion

PER CURIAM:

This is an attempt to appeal from an order of the trial court dismissing some but not all of the parties defendant. Appellant’s attorney has now agreed that the order appealed from is not a “final judgment” under 28 U.S.C.A. § 1291 and that neither 28 U.S.C.A. § 1292(b) nor Rule 54(b), Fed.R.Civ.P., justifies our presently reviewing the dismissal order. See Wright, Federal Courts §§ 101, 102 (2d ed. 1970). An appeal of the dismissal order must thus await the entry of a final judgment in the district court, and this appeal will be dismissed.

Appeal dismissed.

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PER CURIAM:

This is an attempt to appeal from an order of the trial court dismissing some but not all of the parties defendant. Appellant’s attorney has now agreed that the order appealed from is not a “final judgment” under 28 U.S.C.A. § 1291 and that neither 28 U.S.C.A. § 1292(b) nor Rule 54(b), Fed.R.Civ.P., justifies our presently reviewing the dismissal order. See Wright, Federal Courts §§ 101, 102 (2d ed. 1970). An appeal of the dismissal order must thus await the entry of a final judgment in the district court, and this appeal will be dismissed.

Appeal dismissed.

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469 F.2d 673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jefferson-p-mccormick-jr-v-maurice-landrieu-ca5-1972.

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