Glen L. Wood v. Holiday Inns, Inc., Interstate Inns, Inc., and Jessie Goynes v. Gulf Oil Corporation

LEWIS R. MORGAN, Circuit Judge:

After a jury verdict, the district court ordered, inter alia, a new trial for one of the several defendants below. At oral argument on this appeal we raised, sua sponte, the question of whether this court had jurisdiction to consider a decision which was not a final judgment as to all of the parties. See Wagner v. Burlington Industries, Inc., 423 F.2d 1319 (6th Cir. 1970).

Briefs were then submitted on the question of jurisdiction and the case was subsequently remanded for certification by the district court, pursuant to Rule 54(b) of the Federal Rules of Civil…