Margaret H. Smith v. Fairfax County School Board

Fourth Circuit

Margaret H. Smith v. Fairfax County School Board

497 F.2d 899, 1974 U.S. App. LEXIS 8223

CourtCourt of Appeals for the Fourth Circuit

DecidedJune 7, 1974

Docket74-1259

StatusPublished

Cited by5 cases

This text of 497 F.2d 899 (Margaret H. Smith v. Fairfax County School Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Margaret H. Smith v. Fairfax County School Board, 497 F.2d 899, 1974 U.S. App. LEXIS 8223 (4th Cir. 1974).

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Opinion

PER CURIAM:

The appellant Margaret Smith filed suit in federal district court against the Fairfax County School Board alleging that she had been dismissed without procedural due process and that she had been discriminatorily discharged because of her race and sex. Appellant seeks to appeal the district court ruling denying relief relative to appellant’s due process claim. The district court, which deferred ruling on appellant’s other claims, did not however, make the certification authorized by F.R.Civ.P. Rule 54(b) that the ruling on the due process issue was final and appealable. Such a certificate is a jurisdictional prerequisite for an appeal of less than all of the claims in an action. United States v. Crow, Pope and Land Enterprises, Inc. (5th Cir. 1973) 474 F.2d 200, 202. Accordingly, for lack of a final appealable order this appeal must be dismissed.

Appellee’s motion to dismiss the appeal is hereby granted and the appeal is dismissed.

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PER CURIAM:

The appellant Margaret Smith filed suit in federal district court against the Fairfax County School Board alleging that she had been dismissed without procedural due process and that she had been discriminatorily discharged because of her race and sex. Appellant seeks to appeal the district court ruling denying relief relative to appellant’s due process claim. The district court, which deferred ruling on appellant’s other claims, did not however, make the certification authorized by F.R.Civ.P. Rule 54(b) that the ruling on the due process issue was final and appealable. Such a certificate is a jurisdictional prerequisite for an appeal of less than all of the claims in an action. United States v. Crow, Pope and Land Enterprises, Inc. (5th Cir. 1973) 474 F.2d 200, 202. Accordingly, for lack of a final appealable order this appeal must be dismissed.

Appellee’s motion to dismiss the appeal is hereby granted and the appeal is dismissed.

13 Fair empl.prac.cas. 139, 12 Empl. Prac. Dec. P 11,037 Richard Doctor, III v. Seaboard Coast Line Railroad Company, a Corporation, Richard Doctor, III v. Lodge 16, Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees, Afl-Cio, an Unincorporated Association, and Seaboard Coast Line Railroad Company, Etc.

540 F.2d 699 (Fourth Circuit, 1976)

Doctor v. Seaboard Coast Line Railroad Co.

540 F.2d 699 (Fourth Circuit, 1976)

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497 F.2d 899, 1974 U.S. App. LEXIS 8223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/margaret-h-smith-v-fairfax-county-school-board-ca4-1974.

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