Legal Opinion

Carolina Power and Light Company v. Dynegy Marketing and Trade, Carolina Power and Light Company v. Dynegy Marketing and Trade

Court of Appeals for the Fourth Circuit

Decided July 20, 2005No. 04-1604, 04-2197PublishedCited by 29 opinions

1Opinion of the Court

Dismissed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINSON joined. Judge WILKINSON wrote a separate concurring opinion. Judge WIDENER wrote a separate opinion concurring in the judgment and dissenting.

OPINION

NIEMEYER, Circuit Judge.

We consider here the scope of the general rule that an unresolved claim for attorneys fees does not prevent a judgment on the underlying claims from being a final decision under 28 U.S.C. § 1291. See Budinich v. Becton Dickinson & Co., 486 U.S. 196, 202, 108 S.Ct. 1717, 100 L.Ed.2d 178 (1988).

In an ; order dated April…

2Cases cited13 opinions

  1. Catlin v. United StatesSupreme Court of the United States · 1945
  2. White v. New Hampshire Department of Employment SecuritySupreme Court of the United States · 1982
  3. Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
  4. Liberty Mutual Insurance v. WetzelSupreme Court of the United States · 1976
  5. Cristen M. Gleason v. Norwest Mortgage, IncCourt of Appeals for the Third Circuit · 2001

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3Cited by29 opinions

  1. Ray Haluch Gravel Co. v. Cent. Pension Fund of the Int'l Union of Operating Eng'rs & Participating Emp'rsSupreme Court of the United States · 2014
  2. McKissick v. YuenCourt of Appeals for the Tenth Circuit · 2010
  3. Elzeneiny v. District of ColumbiaDistrict Court, District of Columbia · 2015
  4. CNA Corp. v. United StatesUnited States Court of Federal Claims · 2008
  5. Kraft Foods North America, Inc. v. Banner Engineering & Sales, Inc.District Court, E.D. Virginia · 2006

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