In Re Bromley-Heath Modernization Committee

Plaintiffs seek a writ of mandamus to order the district court, which has refused to do so, to enter a partial final judgment with respect to its order dismissing certain of their claims, pursuant to the discretionary powers afforded to it under F.R.Civ.P. 54(b). Plaintiffs offer no case where this has been done. Nor do they meet successfully the heavy burden, Will v. United States, 1967, 389 U.S. 90, 95-96, 88 S.Ct. 269, 19 L.Ed.2d 305, that lies upon them to obtain such extraordinary relief.

Prior to Rule 54(b) there was no right of appeal in the situation where the district court disposed…