Godfrey Jasmin v. Walton J. Dumas, Continental Casualty Company, Continental Casualty Company v. Godfrey Jasmin and Henry M. Jasmin

BY THE COURT:

The issue is whether we should entertain an appeal from a judgment dismissing some of the parties to a multi-defendant suit, certified under Fed.R.Civ.P. 54(b) by the district court, when the district court subsequent to the filing of the notice of appeal, seeks to set the judgment aside. Finding no reason to insist upon appellate review of a judgment that would have been interlocutory and non-appealable save for the district court’s certificate, we dismiss the appeal.

Godfrey Jasmin sued six defendants for personal injuries sustained when he was injured in an automobile…