Laclede Gas Company, D/B/A Midwest Missouri Gas Company v. Amoco Oil Company

531 F.2d 942, 1976 U.S. App. LEXIS 12088

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 31, 1976
• Docket: 75--1963
• Status: Published

Opinion

PER CURIAM.

This is Laclede’s third appeal in this ongoing diversity action for breach of contract. Laclede now appeals from a decree of specific performance entered by the district court 1 on Count I of its suit for breach of contract after reversal and remand by this court in Laclede Gas Company, d/b/a Midwest Gas Company v. Amoco Oil Company, 522 F.2d 33 (8th Cir. 1975). We dismiss this appeal for lack of jurisdiction 2 upon the grounds that the decree of specific performance is not a final decision for purposes of 28 U.S.C. § 1291. There remains outstanding Laclede’s claim for damages under Count II of its complaint. See Laclede Gas Company, d/b/a Midwest Missouri Gas Company v. Amoco Oil Company, 522 F.2d 41 (8th Cir. 1975).

The order for specific performance is not one which “ends the litigation and leaves nothing for the court to do but execute the judgment.” Wrist-Rocket Mfg. Co., Inc. v. Saunders Archery Co., 516 F.2d 846, 849 (8th Cir. 1975); Catlin v. United States, 324 U.S. 229, 233, 65 S.Ct. 631, 633, 89 L.Ed. 911, 915 (1945).

Reversed and remanded accordingly.

1 . The Honorable H. Kenneth Wangelin, United States District Judge for the Eastern District of Missouri.

2 . See Local Rule 9.