Beckwith MacHinery Company v. Travelers Indemnity Company

OPINION OF THE COURT

GARTH, Circuit Judge:

The procedural posture in which this case arises forces us to confront a heretofore undecided question of appellate jurisdiction for this circuit, namely, whether a district court’s order awarding, but not yet quantifying, attorney’s fees is a final order1 from which an appeal may be taken when the fee award arises not as a collateral matter under a separate statutory provision, but instead results from the underlying cause of action (here a contract) which forms the basis of the dispute between the parties. Because we conclude that the attorney’s fees…