Jackson v. Burlington Northern, Inc.

OPINION AND ORDER DISMISSING APPEAL

Burlington Northern, Inc. (referred to hereafter as BN) appeals from an order of final judgment issued pursuant to Rule 54(b), M.R.Civ.P., entered in the District Court of the Seventh Judicial District, Richland County. Although other issues are raised, we find that the procedural issue of whether the District Court has followed the proper procedure in certifying a final judgment pursuant to Rule 54(b), M.R.Civ.P. is dispositive of this appeal.

On July 15, 1981, BN made a motion for summary judgment. Its motion was denied by the District Court on January 11,…